Debarment Update
The Cliffe Dekker Hofmeyr publication Finance and Banking Alert – 17 October 2016 carries an article titled, Debarment of Delinquent FAIS Representatives. It provides a brief outline of what to do when a […]
Search Results for: Re 1 download
Debarment after suspension
A recent Appeal Board decision contained a number of interesting comments regarding the withdrawal of a licence and debarment of a FSP. Background The appellant’s licence was withdrawn as a result of non-payment […]
Second Appeal also unsuccessful
The Ombud made a determination on 30 March 2012, holding the appellants liable for the repayment of the amount invested. An appeal was upheld by the Appeal Board on 26 February 2014. In terms of the order, […]
Placing Business Overseas
A recent case from the Enforcement Committee reinforced the importance of making sure that one understands the requirements contained in regulations and directives issued from time to time. The latest version of Directive […]
FSP Expectations from Product Providers
A landmark research report from Insight Discovery shows what IFAs expect from LISPs and asset management companies. Market intelligence firm Insight Discovery released its second South African Investment Panorama (SAIP), a survey of […]
Ombud Advice to Policyholders
The Short-term Ombud warned policyholders against taking premium holidays when there is too much month at the end of the money. During tough economic times, cash-strapped consumers are forced to prioritise their monthly […]
Is Loan securitisation legally binding?
My colleague Paull Lawrence recently sent me an interesting article on the subject: Property owners are often taken aback when, after defaulting on the loan repayment, they receive a summons from an entity […]
Unsuccessful appeal against debarment
On 12 May 2015, the Registrar decided to debar the appellant, Mr Francois Pens Ellis, for a period of two years in terms of section 14A (1) (a) of the FAIS Act. The […]
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 […]
Right to Privacy on Social Media
“My business partner managed to get hold of my Facebook password without my knowledge. I’m unhappy with the running of the business and have been talking to clients on Facebook about moving to […]
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 […]
Who nominates the transferring attorney?
“I’m buying my first property. I’m quite nervous about everything and a friend of mine who is a conveyancer said she would help me with the transaction. However the seller is refusing and […]
Employer Liability for Employee Advice
The Wallace determination by the Ombud, discussed in last week’s Moonstone Monitor, contained reference to the FNB/Newlove case which was referred to the FSB Appeal Board, which ruled in favour of the Ombud’s […]
Amendments to Social Grant Deductions
The Minister of Social Development, Ms Bathabile Dlamini (pictured above), issued a media release on Friday, 6 May, to explain the background to amendments to the Social Assistance Act, 2004, published on the same […]
Case Studies from the Short-term Ombud
Ombuds often provide practical insight into how our industry should operate. Material Misrepresentation or Simple Oversight? Mr. D contacted the insurer to insure a newly purchased vehicle. During the underwriting of the policy, […]
New CO Fit & Proper Proposals
We reported on the 18th of April of two new draft Board Notices which aim to clarify the regulatory exam requirements for compliance officers and COs under supervision. A compliance officer must successfully […]
Cautionary note to CIS Managers
Board Notice 92 of 2014 was promulgated in August 2014. It prescribed disclosure requirements, and came into effect on 1 May 2015. The Registrar adopted a phase-in approach in order to allow Managers time to gain […]
