Subject Title - INSETA

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PurposeAs a key individual, you need to understand when and how the FSP licencemay lapse or be surrendered to the FAIS Registrar.Chapter 11 takes you through these requirements and creates anunderstanding of the differences in the processes.11.1 LAPSING OF A FAIS LICENCE11.1.1 Lapsing a FAIS licenceA licence of a NATURAL person may lapse in the following instances:An FSP who is a NATURAL person maylapse a FAIS licence IF:The licensee (FSP) ISFINALLY SEQUESTRATEDThe licensee (FSP) DIESThe licensee (FSP) becomes permanently UNABLE toCARRY ON BUSINESS because of PHYSICAL orMENTAL ILLNESS210 © <strong>INSETA</strong> - Section 1 12a
A licence of ANY FSP may lapse in the following instances: 145The licensee (FSP) is FINALLY LIQUIDATED or DISSOLVEDThe BUSINESS of the licensee (FSP) has become DORMANTIn ANY OTHER CASE where the licensee VOLUNTARILY ANDFINALLY SURRENDERS THE LICENSE TO THE REGISTRARThe Registrar must be advised in writing by the licensee, any key individualof the licensee, or another person in control of the affairs of the licensee, ofthe lapsing of a licence and the reasons therefore and the Registrar MAYpublish the lapsing of a licence by notice in the Gazette and, if necessary inany other appropriate public media announcement.11.1.2 Difference between lapsing and suspension or withdrawal of a licenceSuspension or withdrawal of a FAISlicenceSuspension or withdrawal of a licenceis initiated by the Registrar followingactions or omissions by the FSP.The Registrar may allowreinstatement of a suspended licenceunder certain conditions.After withdrawal of a licence, theperson will be debarred fromapplying for a new licence.This is slightly different to debarmentas it is applicable to honesty andintegrity requirements.There are implications for accreditedFSPs under the Medical Schemes Act(discussed above) as the FSP willlose the accreditation if the FAISlicence is suspended or withdrawnand vice versa.Lapsing of a FAIS licenceLapsing of a licence is initiated by theFSP following an event, which gavereason for the lapse.There are no provisions in the Act forthe reinstatement of a lapsed licence.There are no requirements fordebarment in terms of lapsing alicence.Accreditation in terms of the MedicalSchemes Act (where applicable) alsodeemed to have lapsed.145 Section 11 of the FAIS Act© <strong>INSETA</strong> - Section 1 12a 211
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LOGO TO BE CONFIRMEDFSB REGULATORY
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Table of ContentsTasksGlossary of T
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8.8 Other provisions of the general
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TasksThe material provided in this
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PurposeThe FAIS Act introduced mark
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The duties of FSPs are described in
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CATEGORY II: SUBCATEGORIES2.1 Long-
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1.5.2 AdviceThe FAIS Act defines
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The elements of „advice‟ includ
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1.5.3 Intermediary serviceLet's loo
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1.5.2 Types of financial productsFi
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FSP licences are issued for specifi
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5. To provide a financial service m
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6. To give advice means to:a) give
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PurposeThis chapter introduces the
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Example 1:CBA Financial services is
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Submitting documentsEmploymenthisto
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financial soundness requirement - t
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The person was found guilty in any
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2.3.5 Experience requirements for k
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TABLE A: CATEGORY I EXPERIENCE REQU
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Experience requirements for a Categ
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was obtained through active involve
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IF YOU…Were appointed from 1Janua
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A key individual must have already
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Key individuals fulfilling the role
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serious enough to impugn the honest
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Self-Assessment QuestionsPlease not
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) Once a key individual has been ap
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Self-Assessment Answers1. Which of
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) Once a key individual has been ap
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56 © INSETA - Section 1 12a
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PurposeChapter 3 introduces you to
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Let's look at the responsibilities
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For example, a person may have star
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3.3.3 Competency requirements for r
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We discussed the tables under 2.3 a
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Experience requirements for Categor
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The main reason for the differentia
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Regulatory examinations for represe
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The purpose of the register is to:p
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Part of the management and oversigh
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Let‟s look at a summary of the co
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c) The representative register need
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Self-Assessment Answers1. In terms
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8. The general experience requireme
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PurposeIn Chapter 4 you will learn
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TABLE ACATEGORIES 1 and IV: LEVEL O
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4.2 SUPERVISION REQUIREMENTSKey ind
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Ensure that the supervision require
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Self-Assessment QuestionsPlease not
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Self-Assessment Answers1. In terms
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PurposeBefore a juristic entity can
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Understanding the process step by s
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5.3 SECTION 13As mentioned above, S
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What must be done?The FSP must main
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Registrar, by 31/12/2013.Failure by
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It should be a condition of the emp
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4. In order to meet the requirement
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5. Section 13 imposes certain dutie
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PurposeChapter 6 gives you an overv
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Ramifications for the FSP if debarm
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All other administrative or legal p
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3. May an FSP use information obtai
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PurposeDuring the course of the lif
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In the discussion of the purpose an
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caused by or arose out of the carry
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c) within 60 days after the busines
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PurposeThe FAIS General code prescr
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of crime, money-laundering legislat
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Requirements.the existence of a spe
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Disclosure must include the followi
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8.4 MANAGING TRANSPARENCY AND CONFL
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Where the juristic person is neithe
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what measures were taken to avoid/m
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A provider must continuously monito
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2. Identify the financial product o
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1. A brief summary of the informati
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are addressed in the business-speci
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8.8.3 Insurance 89One of the risks
Page 168 and 169: WHO? BY WHEN? WHAT?Category III pro
Page 170 and 171: a representative, the information m
Page 172 and 173: Record of advice 106A direct market
Page 174 and 175: influence the objective exercising
Page 176 and 177: 4. What needs to be disclosed to cl
Page 178 and 179: Self-Assessment Answers1. Which of
Page 180 and 181: 8. The two main requirements of giv
Page 182 and 183: PurposeThis chapter introduces you
Page 184 and 185: „compliance practice‟ means a c
Page 186 and 187: Internal compliance officer:where t
Page 188 and 189: 9.1.5 Withdrawal of a compliance of
Page 190 and 191: One of the main functions of a comp
Page 192 and 193: Internal auditors normally audit co
Page 194 and 195: Information about the FSPs adherenc
Page 196 and 197: Compliance reports must be submitte
Page 198 and 199: 190 © INSETA - Section 1 12a
Page 200 and 201: PurposeThe application process for
Page 202 and 203: the financial services business as
Page 204 and 205: Disclose compliance with other appl
Page 206 and 207: easons why the provisional suspensi
Page 208 and 209: impartial tribunal or forum. This i
Page 210 and 211: 10.3.2 Civil remediesRestrainingord
Page 212 and 213: 10.4 LEVIES PAYABLE IN TERMS OF THE
Page 214 and 215: Any contravention of or failure to
Page 216 and 217: Self-Assessment Answers1. Which of
Page 220 and 221: 11.2 EFFECT OF VOLUNTARY SEQUESTRAT
Page 222 and 223: 2. A licence of ANY FSP may lapse:a
Page 224 and 225: 5. Before sequestration, winding-up
Page 226 and 227: PurposeIn Chapter 12 you will find
Page 228 and 229: 3. The records and documentation Th
Page 230 and 231: The Registrar has certain powers in
Page 232 and 233: SummaryThe FAIS Act requires string
Page 234 and 235: 4. Section 22 of the FICA requires
Page 238 and 239: PurposeManaging the infrastructure
Page 240 and 241: A key individual, in respect of an
Page 242 and 243: The financial statements can either
Page 244 and 245: Self-Assessment Answers1. The opera
Page 246 and 247: PurposeChapter 14 introduces you to
Page 248 and 249: Sec 19(4) states that: the auditor
Page 250 and 251: 2. The financial statements must:a)
Page 254 and 255: PurposeThe FIC Act imposes certain
Page 256 and 257: Accountable institutionsThe FIC Act
Page 258 and 259: The four (4) money laundering contr
Page 260 and 261: The documents used to identify and
Page 262 and 263: In an FSB FAIS Newsletter, the FSB
Page 264 and 265: Protection of Constitutional Democr
Page 266 and 267: steps to be taken to determine and
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3. Section 21(1) of the FICA requir
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PurposeChapter 16 is the last part
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The Ombud for Financial Services Pr
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11. If the complainant is unhappy w
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the contractual or other legal rela
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Self-Assessment Answers1. The funct
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