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 4: Regulatory Examination: Representatives in all Categories of FSPs |
ANNEXURE FIVE : REGULATORY EXAMINATIONS
TABLE 4: REGULATORY EXAMINATION: REPRESENTATIVES IN ALL CATEGORIES OF FSPs
TABLE 4 |
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Task No. |
Task |
QC |
Qualifying Criteria |
Knowledge (K) or Skill (S) |
1 |
Demonstrate understanding of the FAIS Act as a regulatory framework |
1 |
Describe the FAIS Act and subordinate legislation |
K |
2 |
Provide an overview of the financial services and different types of financial products a Representative can deal with. |
K |
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3 |
Apply knowledge of the financial products within the financial services environment. |
S |
||
4 |
Describe the role and function of a Compliance Officer. |
K |
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2 |
Contribute towards maintaining an FSP licence
|
1 |
Explain the requirements an FSP must meet to maintain an FSP licence. |
K |
2 |
Assist required actions as a Representative, in terms of the Act. |
S |
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3 |
Discuss the requirements around the display of licences. |
K |
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4 |
Explain the implications for a Representative if an accreditation is suspended or withdrawn or lapsed in terms of the Medical Schemes Act, 1998, or any other enabling legislation |
K |
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5 |
Explain what is meant by "undesirable practices." |
K |
||
6 |
Check that the execution of duties and actions as a Representative does not constitute undesirable business practices. |
S |
||
7 |
Describe the implications for a Representative if the Registrar declares a business practice to be undesirable |
K |
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8 |
Explain the reparation measures available to the Registrar if a Representative continues with undesirable business practices. |
K |
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9 |
Describe the offenses prescribed by the FAIS Act |
K |
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3 |
Define the role of the key individual in terms of the FAIS Act. |
1 |
Describe the roles and responsibilities of key individuals as defined in the FAIS Act. |
K |
2 |
Describe the regulated management and oversight responsibilities of a key individual |
K |
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3 |
Explain the implications for a Representative should a key individual no longer meet the good standing, honesty and integrity requirements |
K |
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4 |
Adhere to the specific Codes of Conduct |
1 |
Describe the general and specific duties of a provider |
K |
2 |
Describe what could possibly be a conflict of interest |
K |
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3 |
Define the requirements and impact of the disclosure rules on the FSP. |
K |
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4 |
Apply the requirements of the General Code of Conduct for FSPs and Representatives. |
S |
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5 |
Explain the disclosures that need to be made by a Representative before rendering a financial service |
K |
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6 |
Explain disclosures that must be made by a Representative when rendering a financial service |
K |
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7 |
Describe the required disclosures regarding the provider, product supplier and financial service |
K |
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8 |
Explain the specific disclosure requirements regarding fees and commission |
K |
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9 |
Apply disclosure requirements in terms of financial services |
S |
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10 |
Explain the process of advice that should be followed by a Representative |
K |
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11 |
Explain the requirements when a Representative receives custody of financial products and funds |
K |
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12 |
Explain the manner in which complaints are to be handled by a Representative as required by the General Code of Conduct for FSPs and Representatives. |
K |
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13 |
Follow the complaints procedures and processes that are in place for Representatives. |
S |
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14 |
Explain the requirements of the General Code of Conduct for FSPs and Representatives relating to the termination of an agreement |
K |
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5 |
Comply with regulated record keeping requirements |
1 |
Explain the record keeping obligations by a Representative as prescribed by the FAIS and FIC Acts. |
K |
2 |
Carry out the record keeping and retrieval of records functionality correctly |
S |
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6 |
Comply with the requirements of the FIC Act and Money Laundering and Terrorist Financing control regulations, as it applies to the FSP. |
1 |
Explain the requirements specific to an FSP prescribed by the FIC Act |
K |
2 |
Describe how the FIC Act impacts a Representatives' interaction with a client. |
K |
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7 |
Dealing with complaints that have been submitted to the Ombud for FSPs |
1 |
Explain the role and authority of the Ombud for FSPs |
K |
8 |
Operate as a Representative in terms of the FAIS Act. |
1 |
Describe the roles and responsibilities of Representatives as defined in the FAIS Act. |
K |
2 |
Apply knowledge of the role of the Representative in terms of the FAIS Act. |
S |
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3 |
Explain the fit and proper requirements that apply to a Representative (good standing, honesty, integrity, qualifications, experience, knowledge tested through regulated examinations and continuous professional development) |
K |
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4 |
Distinguish between advice and intermediary services in terms of the FAIS Act. |
K |
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5 |
Describe the purpose and requirements of the register of Representatives |
K |
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6 |
Explain when a Representative should be under supervision. |
K |
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7 |
Explain the disclosure requirements for a Representative under supervision |
K |
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8 |
Describe the implications if a Representative no longer meets the Fit and Proper requirements |
K |
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9 |
Define the purpose of debarment |
K |
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10 |
Describe when debarment should be considered. |
K |
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11 |
Explain the debarment process that should be followed in the event of a possible contravention of the FAIS Act |
K |
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12 |
Explain what recourse a debarred Representative may have. |
K |