Interesting Short-term Ombud Cases
The latest Ombud Briefcase contains a number of case studies which provides guidance on key aspects of the industry. Non-disclosure of a criminal record A direct insurer rejected a claim on the above […]
Compliance and Legislation
Special Audit on Sign-On bonuses and Churning
FAIS Newsletter 17 contains details of the outcome of this special compliance audit to investigate the link between the payment of sign-on bonuses and the replacing of products as a result thereof. The […]
Crime and Punishment
It is not only in rugby that we see different standards being applied by those tasked with applying the rules. The recent banning of an adviser in Australia, compared to some recent appeals […]
Landmark ruling on Non-disclosure
A very important recent judgment clarifies the issue of what a client has to disclose after effecting insurance. The Mercury reports as follows: “Two years ago Pietermaritzburg High Court Judge, Piet Koen, ruled […]
Remorse as a Mitigating Factor
The latest decision by the FSB Appeal Board contains an interesting perspective on the impact of remorse in cases where a review of a decision by the Regulator is requested. The reasons for […]
More Debarments end up in Court
Two financial advisers in KZN turned to the High Court in Pietermaritzburg after being debarred by their former employer. According to an article in the Mercury, the reason for the debarment, given by […]
Compliance Reminders
FSPs with a financial year end of 28 February, have until the end of June to submit their Financial Statements to the FSB. The Exemption of FSPs and Representatives from Section 13(1)(c) of the […]
Late Lodging of Appeal Disallowed
The FSB Appeal Board issued an urgent notice recently regarding late lodging of appeals after a decision in the Cyclone Matibe Makola case against the Registrar. In this case, the appellant noted his appeal some […]
RDR Update 19 May 2015
At the recent Discovery Financial Planning Summit, the FSB gave feedback on some of the responses it received to the discussion document on the Retail Distribution Review. It also provided possible timelines for […]
Unregulated Schemes
In a media release, issued on 27 May 2015, Caroline da Silva, the Deputy Executive Officer for FAIS at the FSB warns the public against conducting business with schemes before verifying whether it […]
Short-term Ombud Annual Report
This publication reveals some interesting statistics: The total number of complaints received amounted to 10 253, an increase of 9.5% over the previous year. Complaints unresolved after six months totalled only 54 at […]
2015 Levies Published
Board Notice 101 of 2015 contains details of the levies payable by 31 October 2015: Levy on Category I and IV FSPs: Base amount of R3 391 Fee of R542 per KI/Rep Levy on Category II, […]
Approved Specimen Mandate Amendments
FAIS Newsletter 16, published in December 2013, contains the following information: Sections 5.4 of the Administrative Code of Conduct and 5.2, 5.3 of the Discretionary Code of Conduct deal with the approval of […]
Hidden Costs of Compliance
Where you find the laws most numerous, there you will find also the greatest injustice, said the ancient Greek philosopher, Arcesilaus. If we were to publish a list of all legislation pertaining to […]
New Disclosure Regulations for Collective Investment Schemes
Board Notice 92 of 2014 comes into effect on 1 May 2015. It contains new disclosure requirements for advertising and marketing material in respect of collective investment schemes. It also places specific obligations on advisers […]
Claim Rejection Overturned
Mr. W. (insured) submitted a complaint against his insurer, Dial Direct Insurance, in respect of a vehicle hijacking incident. The insurer rejected the claim on the basis that Mr. W. did not provide […]
Morningstar to assist FSB in CIS Monitoring
As a result of the rapidly changing nature of the financial services landscape in South Africa, the FSB is implementing a new system to ensure that it is able to effectively monitor the […]
