| (1) |
[Section 4(1) deleted by section 290, item 5 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)] |
| (2) |
The registrar may by notice direct an authorised financial services provider, representative or compliance officer to furnish the registrar, within a specified period, with specified information or documents required by the registrar for the purposes of this Act. |
[Section 4(2) amended by section 177(a) of Act No. 45 of 2013]
(3)
| (a) |
If any advertisement, brochure or similar document relating to the rendering of a financial service by an authorised financial services provider or a representative is being, or is to be, published by any person, and any such document is misleading, or confusing, or contains any incorrect statement of fact, the registrar may by notice direct that person not to publish it, to cease publishing it or to effect changes thereto. |
| (b) |
A notice contemplated in paragraph (a) takes effect on a date specified in such notice after the registrar has— |
| (i) |
provided the person concerned with the reasons for the notice; and |
| (ii) |
afforded the person concerned a reasonable opportunity to be heard. |
| (4) |
If there is reason to believe that a person is contravening or failing to comply with, or has contravened or failed to comply with, a provision of this Act, the registrar may – |
| (a) |
by notice direct that person – |
| (i) |
to furnish the registrar within a specified period with any specified information or documents in the possession or under the control of that person and which relate to the subject-matter of such contravention or failure; |
| (ii) |
to appear before the registrar at a specified time and place for the purpose of discussing such matter with the registrar; or |
| (iii) |
to make arrangements for the discharge of all or any part of that person's obligations in terms of this Act; |
| (b) |
if satisfied that in the case concerned significant prejudice or damage to clients has occurred or may occur, apply to a Court for an order restraining such person from continuing business or dealing with the funds or other property held by such person on behalf of clients or other persons, pending the institution by the registrar of an application or action contemplated in section 33(1) and (2), or the exercising by the registrar of such other legal remedy as may be available to the registrar ; if prejudice or damage may have occurred to a client, refer the matter, together with any information or documentation in the registrar's possession, to the Office to be dealt with as a complaint by the client concerned. |
| (5) |
[Section 4(5) deleted by section 290, item 5 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)] |
| (6) |
[Section 4(6) deleted by section 290, item 5 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)] |
| (7) |
[Section 4(7) deleted by section 177(e) of Act No. 45 of 2013] |
Tobacco Products Control Act, 1993
