
COFI: What must an advice file prove beyond compliance?
The FSCA’s Lezanne Botha explains why signed forms and completed disclosures are not enough, and what evidence can show that advice was suitable and customers were treated fairly.

The FSCA’s Lezanne Botha explains why signed forms and completed disclosures are not enough, and what evidence can show that advice was suitable and customers were treated fairly.

The decision turned on the adviser’s acceptance of personal benefits from a client, the lack of proper compliance disclosure, and the higher standard expected of a KI.

With directors held accountable for undisclosed deals and conflicts of interest, the judgment brings to light the crucial issue of whether D&O policies will stand behind executives embroiled in misconduct.

It is the sole prerogative of an employer to regulate when moonlighting may be permitted, and if so, on what terms.