The FSCA has for the first time taken enforcement action against someone for providing trading signals without authorisation.
Providing signals refers to the practice of people making recommendations to their clients in respect of trades and prices in financial products.
Yesterday, the Authority announced it had imposed an administrative penalty of R1 015 315.87 on Kabelo Emanuel Mogale and debarred him for 10 years for providing forex trading signals without an FSP licence.
In June last year, the Authority warned the public about Mogale and Forex Private Jet Injectors, which provided forex trading signals via social media. The FSCA said neither Mogale nor Private Jet was authorised in terms of the FAIS Act to render financial advice and intermediary services. Private Jet was not a juristic person; it was the name that Mogale attached to his scheme.
In a statement yesterday, the Authority said its investigation found that Mogale provided financial advice to clients when he published forex signals via Telegram and made recommendations to clients about trades in forex currency pairs, which are financial products.
The FSCA said Mogale, from 1 April 2018 to 24 June 2023, contravened section 7(1) of the FAIS Act by rendering financial services without being authorised to do so. In addition, he contravened section 139(2) of the Financial Sector Regulation Act by failing to co-operate with the FSCA during the investigation.
During its Enforcement Action Roadshows earlier this year, the FSCA said one its focus areas will be individuals who provide signals without a licence.
Gerhard van Deventer, the head of the Enforcement Division, confirmed to Moonstone that the regulatory action against Mogale was the first of its kind against an unauthorised signals provider.
Providing signals is a financial service
The FSCA said the practice of providing or publishing signals with reference to online trading in financial products falls within the definition of financial services in the FAIS Act; therefore, people who provide such signals must have an FSP licence. Providing signals without a licence is a contravention of a financial sector law and a criminal offence.
The signal provider is remunerated through a subscription fee or a percentage of profits. Even where clients suffer trading losses, signal providers may benefit through commissions paid by brokers.
“It is not unusual for signal providers to provide fictitious signals and display doubtful evidence of wealth to lure clients into participating,” the Authority said.
It urged the public not to conduct business with signal providers if they are not properly authorised. FSPs are granted licences only after a proper consideration of their skills, qualifications, experience, and their fit and proper standing.
To avoid unnecessary risk, the public should not accept any financial advice, assistance, or investment offers from people who are not authorised by the FSCA.
Authorised FSPs must display the fact that they are authorised on their documentation and explain the specific financial services for which they are licensed. If this is absent, the public should avoid paying any funds to such a person without further investigation.
