Financial Advisory and Intermediary Services Act 2002 (Act No. 37 of 2002)DeterminationsDetermination of Fit and Proper Requirements for Financial Services Providers, 2017AnnexuresAnnexure Five : Regulatory ExaminationsTable 3: Regulatory Examination: FSPs and Key Individuals in Category III |
ANNEXURE FIVE : REGULATORY EXAMINATIONS
TABLE 3: REGULATORY EXAMINATION: FSPs AND KEY INDIVIDUALS IN CATEGORY III FSPs –
correct all references to discretionary code to admin code
TABLE 3 |
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No. |
Task |
Knowledge Criteria |
Skill Criteria |
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1 |
Apply the Category III FSP business model |
Describe the characteristics of a category III FSP and how that differentiates it from other product providers such as insurers and unit trusts. |
Take the difference between Category III FSPS and other product providers into account when making business related decisions. |
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Describe the reason for separation of client assets from Category III FSP's assets. |
Perform the fiduciary duty of the category III FSP. |
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identify which assets belong to the client and which belong to the category III FSP. |
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Interpret basic financial systems. |
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Check that there are systems and processes to separate client and Category III FSP assets. |
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Explain the role and responsibilities of the different parties involved, including but not limited to:
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Explain the concept of bulking and pooling of assets into a single account with investment provider. |
Verify that the relevant contractual agreements are in place with the relevant other party. |
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Explain the relevant contractual agreements need to be in place with the relevant other party. |
Confirm that the relevant contractual agreements are in place with the relevant other party and business is conducted in accordance with the contractual agreements. |
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2 |
Understand the role of the independent nominee |
Explain the duties the nominee company is responsible for. |
Verify that there are processes in place to check that the nominee company executes its' responsibilities towards the Category III FSP – reporting independence |
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Explain the purpose of the nominee company |
Check the nominee company complies with its duties. |
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3 |
Manage and oversee client mandates |
Explain why the category III FSP must use mandates that have been approved by the FSB. |
Manage client mandates in accordance to mandatory requirements. |
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Explain why a mandate cannot be used if it is not approved by the FSB. |
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Explain why a mandate cannot be used if it is not signed by the client or his duly authorised representative. |
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Explain why such a mandate must adhere to the requirements in the Administrative Code of Conduct. |
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Explain what the requirements are for mandates. |
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4 |
Manage/oversee typical daily transactions |
Explain how different products have different turnaround times and should be adhered to. |
Check that the systems and processes enable the implementation and execution of different turnaround times for different products. |
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Describe how there should be adequate controls in place to manage risks. |
Check that the systems and processes have embedded controls to manage and contain risk. |
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Explain how Category III FSPS are only allowed to take in one day's interest. |
Check that the processes and systems only take one day's interest. |
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5 |
Manage and oversee disclosures |
Explain how to ensure transparency and manage conflict of interests. |
Confirm that disclosures are adequate to enable client's ability to make an informed decision. |
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6 |
Understand the legal environment of the Category III FSP. |
Explain the liquidity requirement. |
Apply the liquidity requirements to own business. |
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Explain the implications of the liquidity requirements |
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Describe the fidelity cover requirements. |
Apply the fidelity requirements to own business. |
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Explain the implications of the fidelity cover requirements. |
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Describe the applicable capital requirement. |
Apply the applicable capital requirements to own business. |
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Explain the implications of the capital requirements. |
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Explain why the Category III FSP is not allowed to engage in the netting of transactions. |
Verify that there are systems in place to check that netting of transactions will not take place. |
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Explain how a Category III FSP must ensure that it only conducts business with another FSP that has the appropriate categories/ subcategories on its license, and that business must also be conducted within the parameters of the client mandate |
Confirm that it only conducts business with another FSP that has the appropriate categories/ subcategories on its license, and that business must also be conducted within the parameters of the client mandate, to ensure that all business is legitimate. |
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Describe what the continual compliance with the license requirements and conditions are. |
Check that there are systems in place to check that new products or proposed business ventures will meet the limitations of the license requirements and conditions are. |
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7 |
Apply the record keeping requirements. |
Explain the period for which records must be kept. |
Incorporate the record keeping requirements when planning system updates and strategic initiatives. |
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Describe the requirements specifically applicable to telephone and/or electronic requirements. |
Verify that systems are in place to manage the record keeping risks of electronic and telephonic transactions. |
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8 |
Comply with requirements when reporting to clients |
Explain why clients must receive written reports at quarterly intervals, that provide them with investment and related information. |
Verify that there are systems and processes that enable the preparation and delivery of accurate quarterly reports. |
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9 |
Apply knowledge of the accounting and unit reconciliations |
Explain how the accounting and unit reconciliations work. |
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10 |
Apply knowledge of how intermediaries must be licensed before they can do business. |
Explain how intermediaries must be licensed before they can do business. |
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11 |
Deal with rebates |
Explain how rebates work. |
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Explain all the related disclosures as it applies to rebates. |