Contravention must be ‘material’ to justify a debarment, Tribunal says
Decision set aside, although the FSP was correct in finding that the representative contravened the General Code of Conduct.
Decision set aside, although the FSP was correct in finding that the representative contravened the General Code of Conduct.
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.
The Financial Services Tribunal overturns the debarment because of insufficient evidence of misconduct and lack of financial soundness.
Dismissed adviser says she helped her clients pay their premiums so they could keep their life cover while experiencing temporary financial challenges.
The suspension of Global & Local’s licence relates to its relationship with BHI Trust, the FSCA confirms.
The applicant only became aware in May last year that the decision to debar her constituted administrative action.
The onus lies with the FSP to prove the facts it relies upon to debar its representative on a balance of probabilities.
Medsafu’s letters alerted the applicant that the outcome of the process may include debarment, the Tribunal finds.
Coenraad Botha and his wife are facing 64 charges in Namibia related to an alleged illegal investment scheme involving N$163 million.
The Authority should have conducted its own investigation and not relied solely on information provided by the insurer, the Tribunal says.
A provisional sequestration order for the estate of Classic Financial Services director Jacobus Geldenhuis has been granted.
There are differences in the circumstances surrounding the debarments and the reconsideration applications.
The FSP conflated the requirements for debarment under section 14 of the FAIS Act with the requirements and procedure for a debarment by the FSCA.
Insisting on a formal hearing at the Tribunal, and then not attending it, may have unpleasant consequences.
The rep said she corrected the errors herself to avoid inconveniencing the customer and embarrassing the company, not to commit fraud.
The Financial Services Tribunal says the dispute is ‘one of the many cases where employers use labour disputes to debar FSP representatives’.