Tribunal sets aside debarment involving dispute over replacement policies
The representative’s conduct of completing contracts as new instead of replacements was not motivated by dishonesty, the FST says.
Discovery Health Medical Scheme’s contribution adjustments will be more evenly distributed across its members, highlighting the widespread effects of increasing medical inflation on contribution rates.
The representative’s conduct of completing contracts as new instead of replacements was not motivated by dishonesty, the FST says.
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The judgment clarifies aspects of the FAIS Act, particularly regarding the nature of ‘advice’ and ‘intermediary services’.
The former Old Mutual adviser claimed the complainants were not his clients but his relatives who had agreed to lend him the money.
The Authority also agrees to reconsider its decisions to withdraw the licences of four entities.
The FST finds that the FSP’s attempt to use debarment as a tool to resolve an employment dispute is a misuse of the FAIS Act’s provisions.
Decision set aside, although the FSP was correct in finding that the representative contravened the General Code of Conduct.
The adviser brought an application for the FAIS Ombud’s determination and the Tribunal chairperson’s decision to be reviewed in terms of PAJA.
The Tribunal finds that the debarment process followed by an insurance brokerage was not lawful or fair.
Tribunal highlights the distinction between the processes that fall under the Labour Relations Act and the FAIS Act.
Not meeting the operational ability and competency requirements are the main reasons the Authority rejected licence applications.
FSCA pinpoints lack of oversight by KIs, FICA non-compliance, and unauthorised copy trading and funeral insurance business.
Authority releases report on fines, debarments, investigations, and licence suspensions and withdrawals in 2023/24.
The Financial Services Tribunal overturns the debarment because of insufficient evidence of misconduct and lack of financial soundness.
The Authority warns the public to exercise caution with MyWealth Legatus, just three months after imposing R73 million in penalties on two of its affiliate companies.
Dismissed adviser says she helped her clients pay their premiums so they could keep their life cover while experiencing temporary financial challenges.