Credit Insurance under the spotlight

National Treasury and the Financial Services Board (FSB) published a document titled “Technical Report on the Consumer Credit Insurance Market in South Africa”. It called for comment by 30 September 2014 on proposals to address […]

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FAIS Ombud Rules on RVAF Investment

The reasons for the sad ending to the Relative Value Arbitrage Fund, for both investors and advisors, are evident from this, the first determination by the Ombud on the Herman Pretorius saga. A […]

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Draft Demarcation Regulations

Proposed amendments to the definition of a “business of a medical scheme” The publication of the Second Draft Demarcation Regulations follows the enactment of the Financial Services Laws General Amendment Act, No. 45 of […]

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Duty to Disclose Material Terms

On Tuesday we discussed what happens when material changes occur in a client’s health between the time of applying for life cover and acceptance of the risk by the insurer. My colleague Julian […]

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When does cover commence?

The latest newsletter from the Long-term Ombud contains two cases where claims were repudiated as a result of a health condition manifesting between the date of application and acceptance of the risk. Non-disclosure […]

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Short-Term Ombud Annual Report

There can be little doubt that there is a steady increase in the efficiency of this champion for the fair treatment of consumers. The figures listed below come directly from the Ombud’s report: […]

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Intermediary Relationships after RDR

The eagerly awaited discussion document on the review of retail distribution, expected this month, has a long history. The triangular association – whereby the intermediary provides advice to the policyholder but is incentivised […]

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TCF in your practice

The FSB published guides for small FSPs and asset managers on the practical impact of treating customers fairly (TCF) on their businesses. The harsh reality of TCF is, of course, that you could […]

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Proposed Exemption from New Legislation

Alan Holton, an independent compliance practitioner and associate of Moonstone, recently shared the following information regarding amendments to the Financial Services Laws General Amendment Act of 2013. Financial Services Board Act 1990 and […]

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TCF and Causal Event Charges

The Pension Fund Adjudicator (PFA) recently ruled on an investor’s complaint regarding the excessive causal event charges. The PFA found in favour of the product house, but was rather scathing in her comments […]

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PFA Ruling on Fund Returns

It is standard practice that Ombuds do not rule on what investors may deem to be unsatisfactory returns. This ruling is interesting for two reasons: The complainant alleged that excessive fees caused the […]

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Errata on Compliance Information

Very little escapes the eagle eye of Alan Holton, a compliance practitioner and associate of Moonstone. He came across a publication which contains compliance related articles, and brought the following to our attention […]

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Draft Regulations on Hedge Funds

The National Treasury (“Treasury”) and Financial Services Board issued the following media release last week: In 2012, South Africa, as a committed member of the G20, embarked on a process to enhance and […]

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New Financial Intelligence Centre Directives

The FIC issued two new directives applicable to all accountable and reporting institutions: Directive 1 stipulates that “All institutions registered with the FIC are required to update their registration details only via the […]

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