Debarment overturned by Board of Appeal
The Board was recently tasked with reviewing a decision by the Registrar to debar Ms LA Teixeira for 5 years and to withdraw the authorisation of her business. The grounds for the Registrar’s […]
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FAIS Ombud – Harten Determination
This complaint was originally dismissed by the FAIS Ombud on the basis that there was no reasonable prospect of success. The client reverted to the Board of Appeal who ruled that the Ombud’s […]
Client’s right to approach Appeal Board
A recent ruling by the FAIS Ombud sheds light on the right of a client to approach the FSB Appeal Board if dissatisfied with a decision by the Ombud. In the Harten determination, […]
Importance of full disclosure at application stage
A recent Appeal Board case underlines the importance of full and frank disclosure during the licence application process. In the original determination, the FSP and its two members, Ms S and Ms C […]
POPI and the General Code of Conduct
An article in FAIS Newsletter 20 titled Bulk transfers by FSPs and Insurers contains a section under the sub-heading: Protection of Personal Information Act: Furthermore the FSPs are required to comply with Protection […]
FAIS Ombud Complaints Dismissals
Three recent determinations by the FAIS Ombud varied from what one has become accustomed to over the years. Cornelissen The Cornelissen case, which hinged around a dispute regarding the calculation of costs, concluded […]
Ponzis and Pyramids Explained
Most financial advisers do not have a wealth of sympathy with clients who allow greed to cloud their judgment when a scheme which sounds “too good to be true” becomes available. In the […]
Is Criticism of FSR Bill Justified? By Alan Holton
Does the proposed Financial Sector Regulation Bill really “…violate the Constitution, the doctrine of the separation of powers and the rule of law…”? Mr Martin van Staden is a law student at the […]
Ombud holds Insurer liable for Sharemax loss
During September 2009 James Wallace, the complainant, consulted his Momentum representative, Ian Marais, about investing his mother’s money as well as some of his own. His seventy year old mother resided in the […]
Protection for Lower Income Sector
The lower income sector of the financial services industry regularly makes the headlines, for all the wrong reasons. A funeral parlour, who conducted business from November 2008 to August 2013 without being duly registered with […]
When is a debarment not a debarment? Part 2
Alan Holton of Compliance Monitoring Systems, and a Moonstone Compliance associate, continues his in-depth look at this very contentious issue from a legal perspective. The FSB produced a GUIDELINE ON THE DEBARMENT PROCESS […]
When is a debarment not a debarment? Part 3
This is the third and final article in a series by Alan Holton of Compliance Monitoring Systems, and a Moonstone Compliance associate, on this very contentious issue. What is a possible remedy? It […]
Restraint of trade conditions and debarments
DM writes as follows: I read through your interesting article concerning restraint of trade conditions. This is a subject I believe should be addressed in much more detail. I am in a situation […]
Outsourcing Outlook in 2016
The recently published status update on phase 1 of the RDR proposals provided insight into the Regulator’s thinking after receiving feedback from the industry on two proposals contained in the original RDR discussion […]
First CIS Hedge Fund Approved
The FSB approved the first collective investment schemes in hedge funds after announcing its concern a few months ago that it had not received any applications from such schemes. The new schemes, one […]
Digital Disruption the new Game Changer
The latest PWC study titled Insurance 2020 & beyond: Necessity is the mother of reinvention, provides important insights into how technology will empower and shape the financial services industry in future. The information […]
Do your RDR plans begin with your clients?
As the implementation of RDR draws closer, financial advisers around South Africa are putting a great deal of thought and effort into their plans to adapt to the new requirements. There are ongoing […]
