
NDCA pushes for fit and proper requirements for debt counsellors
The Association’s proposal will embed COFI’s principles and the TCF outcomes into debt-counselling practice.

The Association’s proposal will embed COFI’s principles and the TCF outcomes into debt-counselling practice.

The Tribunal finds that the applicant’s contractual and supervision agreements meant she was a ‘representative’, placing her within the FAIS framework and its mandatory debarment provisions.

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COFI replaces the registration model with a conduct-focused licensing regime for retirement funds – a step that will raise governance, fit-and-proper checks and public disclosure requirements across the sector.

Polygraph testing alone cannot establish dishonest conduct; where the circumstantial evidence is weak or contradictory, debarment is a disproportionate sanction.

Despite claims of verbal consent from her client, the FST found the adviser’s informal arrangements did not satisfy the requirements for written, explicit authorisation.

The Tribunal agrees with the FSCA that the entity’s key individual did not ‘come clean’ about her past misconduct.

The FSP’s allegations that the representative violated the terms of the settlement and service agreements did constitute a material breach of the FAIS Act.

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FSPs must ensure their representatives operate strictly within their authorised product categories and according to the client’s mandate.

Of the 420 CASP licence applications received, nine were declined, while 106 applications were voluntarily withdrawn.

The case illustrates how discrepancies in disclosure can undermine an individual’s suitability for a key role, resulting in the rejection of a licence application.

The rep claimed he never meant to harm the FSP, but the FST found his actions violated the FAIS Act and demonstrated a lack of integrity.

FSPs have a statutory obligation to combat exam fraud by verifying certificates directly with Moonstone or the FSCA.

Not meeting the operational ability and competency requirements are the main reasons the Authority rejected licence applications.

The Financial Services Tribunal overturns the debarment because of insufficient evidence of misconduct and lack of financial soundness.

The Authority should have conducted its own investigation and not relied solely on information provided by the insurer, the Tribunal says.