Alleged Investigation of the FSB

In a media release issued on 30 October 2014, the Financial Services Board (FSB) shared its views on a media statement circulated by Kadesh Consulting, which alleges that there is an investigation underway into, amongst […]

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FAIS Department 2014 Annual Report

The information below was extracted from a supplementary report to the FSB’s Integrated Annual Report which provides an overview of activities of all divisions in the FAIS department for the year which ended […]

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Is it Time for a Compliance Review?

Diligent financial advisors conduct regular reviews of their clients’ portfolios to ensure that their aims and goals are on track. This is not only a regulatory requirement, but essential for new business purposes […]

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Appeal Court Addresses Conditional Selling

A FSB media release on 9 October highlights far-reaching implications for finance and loan providers who coerce clients to make use of in-house brokerages. A recent judgement by the Supreme Court of Appeal […]

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Microlenders Challenged

Business Day reported on 12 October about a court challenge to what it terms “dodgy micro lending.” In an unprecedented legal challenge, the University of Stellenbosch’s Legal Aid Clinic (LAC) is taking on […]

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Cadac Application Fails

The Financial Services Board (FSB) confirmed in a media release that an application for leave to appeal in a matter brought by Simon Nash, CEO at Cadac, against the regulator and a number […]

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Due Diligence Obligations

The “why” of this requirement is clear to all, but the “what”, “how” and “when” remains one of the biggest grey areas for FSPs. If you place your client’s business with a leading […]

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Think TCF – Part 3

Thus far in this series of articles, we covered the need to embed fair treatment of customers in the culture of your business, and ensuring that the products you recommend address the real […]

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SARS and Sharemax

Sharemax made the headlines again last week, after a relatively long lull in media exposure. It was reported that SARS applied to the North Gauteng High Court to liquidate Sharemax Investments in view […]

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Think TCF Part 2

Outcome 2: Financial services & products rendered to clients are designed to meet the needs of clients. Your first thought is possibly: this does not apply to me. Think again. This outcome of […]

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Input on Proposed Guidance Notice

The Deputy Registrar of Financial Services Providers invited industry input on a proposed Guidance Note on the interpretation and application of section 13(1)(c) of the Financial Advisory and Intermediary Services Act, 2002. This […]

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Think TCF – Part 1

A survey amongst FSPs would very likely reveal a “wait and see” approach from the majority of smaller businesses as far as Treating Customers Fairly is concerned. Many of those who adopted a […]

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Important Lessons from Debarment Appeal

There is a tendency to see legislation that regulates financial services as operating differently from other laws. While the processes may sometimes differ, the same principles apply. This became evident in a recent […]

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The End of Sign-on Bonuses in Sight

The whole messy business of institutionalised churning reminds me of the wise words of George Bernard Shaw: “A government that robs Peter to pay Paul can always depend on the support of Paul.” […]

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Clarity on Co-Administration Agreements

Information Letter 2 of 2014, issued on 29 August, provides clear guidelines on what co-administration agreements should contain, and what not. The Registrar of Long-term Insurance is concerned that certain existing agreements do […]

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