Good Standing and Integrity Quiz
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Questions and Answers

What is one requirement for a person to be considered as having integrity?

  • They must possess honesty and integrity. (correct)
  • They have never faced any legal issues.
  • They need to have a clear credit history.
  • They should have a background in finance.
  • Which of the following constitutes prima facie evidence that a person is NOT in good standing?

  • Being an active member of a professional organization.
  • Having a civil matter that was resolved positively.
  • Previous judgments that have not been rescinded. (correct)
  • Possessing a spotless academic record.
  • Which offense is NOT considered when determining if a person is in good standing?

  • A violation of traffic laws (correct)
  • Fraud
  • Theft
  • Negligent conduct
  • What role does the Commissioner have in assessing a person's good standing?

    <p>They may refer to any information in their possession. (D)</p> Signup and view all the answers

    Which of the following best describes 'misrepresentation' in relation to good standing?

    <p>Providing misleading information intentionally. (D)</p> Signup and view all the answers

    What is a necessary condition for appointing a representative for an FSP?

    <p>The representative must possess sufficient operational ability and financial resources. (B)</p> Signup and view all the answers

    Which of the following is NOT a concern when appointing a representative for an FSP?

    <p>Ensuring the representative is overqualified for their role. (B)</p> Signup and view all the answers

    What must an FSP ensure regarding the remuneration of its representatives?

    <p>It must be reasonable and commensurate with actual activities. (C)</p> Signup and view all the answers

    What restriction is placed on representatives regarding the outsourcing of activities?

    <p>Representatives may not outsource or sub-delegate any activities related to the services they perform on behalf of the FSP. (D)</p> Signup and view all the answers

    What is a requirement for representatives in terms of education?

    <p>They must have a recognized qualification as per the Board Notice applicable to their registered product categories. (A)</p> Signup and view all the answers

    Which department within the FSCA is responsible for the administration of the Financial Advisory and Intermediary Services Act?

    <p>FAIS Division (D)</p> Signup and view all the answers

    What is one of the roles of the Registration department within the FAIS?

    <p>Updating the central representative register (A)</p> Signup and view all the answers

    What is the primary aim of the FAIS as outlined in the content?

    <p>To professionalize the financial services industry (D)</p> Signup and view all the answers

    Which function does the Compliance department perform within the FAIS?

    <p>Debarment of representatives (A)</p> Signup and view all the answers

    Which department follows up on financial statements and compliance reports after licenses are issued?

    <p>Supervision (C)</p> Signup and view all the answers

    What action does the Enforcement department take regarding debarments?

    <p>Updating debarments in the central register (B)</p> Signup and view all the answers

    What type of complaints does the Compliance department handle?

    <p>Complaints involving registered FSPs (B)</p> Signup and view all the answers

    Which department is responsible for liaising with the Finance Department of the FSCA regarding levy collection?

    <p>Registration (A)</p> Signup and view all the answers

    What is one of the responsibilities of a Compliance Officer in the context of the FAIS Act?

    <p>Monitoring compliance with legal standards (C)</p> Signup and view all the answers

    Which of the following is NOT a requirement for maintaining an FSP license?

    <p>Preservation of personal client records (B)</p> Signup and view all the answers

    What consequence does a Representative face if their accreditation is suspended under the Medical Schemes Act?

    <p>They must cease all financial services activities. (B)</p> Signup and view all the answers

    What defines 'undesirable practices' in the context of the FAIS Act?

    <p>Practices that benefit the Representative over the client (D)</p> Signup and view all the answers

    What is an implication for a Representative if the Registrar deems their business practice undesirable?

    <p>They could have their license revoked. (C)</p> Signup and view all the answers

    Which of the following describes the role of a Key Individual according to the FAIS Act?

    <p>Ensuring compliance with regulatory frameworks (C)</p> Signup and view all the answers

    Which action would be considered a violation of regulations regarding undesirable practices?

    <p>Offering commissions for client referrals (C)</p> Signup and view all the answers

    Under the FAIS Act, what must a financial services provider do if their license lapses?

    <p>Notify all clients of the lapsed status and cease operations. (D)</p> Signup and view all the answers

    What defines the role of a representative in the context of financial services?

    <p>A representative renders financial services on behalf of an FSP. (C)</p> Signup and view all the answers

    Which of the following services is NOT specifically excluded from the definition of a representative's role?

    <p>Intermediary services (B)</p> Signup and view all the answers

    Which of the following statements is true regarding the penalties for unmandated representatives?

    <p>They can serve up to 10 years in prison for violations. (B)</p> Signup and view all the answers

    Which of the following actions does NOT involve a representative making a judgment on behalf of a client?

    <p>Providing administrative support (A)</p> Signup and view all the answers

    What must a representative show to comply with the Financial Advisory and Intermediary Services (FAIS) Act?

    <p>Is employed or mandated by an authorized FSP. (C)</p> Signup and view all the answers

    Which of the following activities would a representative be engaged in?

    <p>Servicing financial products for clients. (B)</p> Signup and view all the answers

    When a representative processes claims for a client, what are they primarily acting as?

    <p>An intermediary on behalf of the client (C)</p> Signup and view all the answers

    If a representative is not employed or mandated by an FSP, what could be a major consequence?

    <p>They may face penalties up to R10 million or imprisonment. (D)</p> Signup and view all the answers

    What is one of the primary objectives of the FAIS Act?

    <p>To regulate the rendering of certain financial services (D)</p> Signup and view all the answers

    Which authority replaced the FSB as of April 1, 2018?

    <p>Financial Sector Conduct Authority (B)</p> Signup and view all the answers

    What is a key objective of the FSCA regarding customers?

    <p>To promote fair treatment by financial institutions (C)</p> Signup and view all the answers

    What approach will the FSCA take for implementing its mandate?

    <p>Gradual changes over time (D)</p> Signup and view all the answers

    What significant change was made regarding communications and regulatory actions?

    <p>They will now occur under the FSCA name (A)</p> Signup and view all the answers

    What organization has been established for adjudication of grievances against FSCA decisions?

    <p>Financial Services Tribunal (D)</p> Signup and view all the answers

    What is the role of the commissioner and deputy commissioners within the FSCA?

    <p>Lead the executive committee of the FSCA (A)</p> Signup and view all the answers

    When was the Financial Sector Regulation Act signed into law?

    <p>August 21, 2017 (C)</p> Signup and view all the answers

    Flashcards

    What is the FAIS Act?

    The FAIS Act provides a framework for regulating financial services in South Africa.

    What are the requirements for an FSP to maintain their license?

    A Financial Services Provider (FSP) needs to meet certain requirements to obtain and maintain a license. This includes complying with regulations and demonstrating good practices.

    What the role of a Compliance Officer?

    A Compliance Officer is responsible for ensuring that the FSP adheres to all applicable laws, regulations, and ethical standards. They act as the internal watchdog.

    Who is a Key Individual in the FAIS Act?

    A Key Individual plays a crucial role in an FSP's operations. They are usually senior executives who have significant responsibility for managing the business and ensuring its compliance with the FAIS Act.

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    What are some offences prescribed by the FAIS Act?

    The FAIS Act prescribes various offences related to financial services, including fraud, misrepresentation, and unauthorized activities.

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    What are undesirable business practices in the context of the FAIS Act?

    Undesirable business practices refer to actions or conduct by financial service providers that are unethical, misleading, or harmful to clients. Examples include misselling, churning of accounts, and undisclosed conflicts of interest.

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    What reparation measures can be taken against undesirable business practices?

    The Registrar, who oversees the financial services industry, has the authority to take certain measures against individuals or firms involved in undesirable business practices. These actions can include warnings, fines, or suspension of licenses.

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    What kind of financial products can representatives deal with?

    The FAIS Act regulates the types of products that financial service representatives can deal with. These products might include investment products like unit trusts, insurance plans, and retirement annuities.

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    FAIS Act

    The Financial Advisory and Intermediary Services Act (FAIS Act) regulates how financial advisors and intermediaries interact with clients. It aims to ensure fair and ethical practices within the financial services industry.

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    FSCA

    The Financial Sector Conduct Authority (FSCA) is the regulatory body overseeing both banking and non-banking financial services in South Africa. It replaced the Financial Services Board (FSB) on April 1, 2018.

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    FSCA Objectives

    The FSCA's primary goal is to protect customers by promoting fair and ethical treatment by financial institutions. They also aim to enhance market efficiency and integrity, contribute to financial stability, and encourage inclusivity and transformation within the sector.

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    Twin Peaks Model

    The Twin Peaks Model is a new approach to financial sector regulation in South Africa, unifying the regulation of both banking and non-banking financial services under a single authority, the FSCA.

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    FSRA

    The Financial Sector Regulation Act (FSRA) was signed into law on August 21, 2017, establishing the FSCA as the main regulatory authority for the financial services sector.

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    Financial Services Tribunal

    The Financial Services Tribunal is an independent body that adjudicates disputes between financial entities and the FSCA. It provides a platform for resolving conflicts related to regulatory decisions.

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    Gradual Implementation of FSCA Mandate

    The FSCA aims to implement its mandate gradually over time rather than implementing all changes at once, ensuring smooth transition and minimizing disruption in the financial services sector.

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    FSCA and Financial Literacy

    The FSCA's main objective is to ensure fair treatment of financial service users while also promoting financial education and literacy, making the financial system more accessible and understandable for everyone.

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    What is FAIS?

    The Financial Advisory and Intermediary Services Act (FAIS) is a South African law designed to protect investors and professionalize the financial services industry.

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    What is the FAIS Division?

    The FAIS Division is a specific department within the Financial Sector Conduct Authority (FSCA) responsible for administering the FAIS Act.

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    What are the responsibilities of the FAIS Division?

    The FAIS Division handles various tasks related to the registration of Financial Service Providers (FSPs) and ensuring their compliance with the FAIS Act.

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    What does the FAIS Division's Registration department do?

    The FAIS Division's Registration department handles new license applications, profile changes, and updating the central representative register.

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    What does the FAIS Division's Supervision department do?

    The FAIS Division's Supervision department ensures that registered FSPs continue to comply with the FAIS Act through checks and visits.

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    What does the FAIS Division's Compliance department do?

    The FAIS Division's Compliance department deals with complaints against FSPs that cannot be referred to the FAIS Ombud and investigates potential violations.

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    What does the FAIS Division's Enforcement department do?

    The FAIS Division's Enforcement department interacts with the FSCA's Enforcement Committee and takes action against non-compliant FSPs.

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    What is the overall function of the FAIS Division?

    The FAIS Division makes sure all FSPs meet the requirements for licensure and maintain compliance with the FAIS Act.

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    Representative (Rep)

    A person who provides financial advice or acts as an intermediary between a client and a financial service provider.

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    Financial Services

    Services provided by a representative, such as advice, arranging transactions, or managing investments.

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    Financial Service Provider (FSP)

    An authorized Financial Service Provider (FSP) is a company that provides financial products and services.

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    Non-Financial Services

    These services do not involve judgment or advice, and they do not lead a client to any specific financial product transaction.

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    Financial Advice

    Services offered by a rep that require judgement and lead a client towards a specific financial product transaction.

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    Intermediary Services

    Services offered by a rep that involve arranging transactions between a client and a financial service provider.

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    Mandated or Employed

    A representative must be employed or mandated by an FSP to offer financial services.

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    FAIS Penalties

    Providing financial services without being mandated or employed by an authorized FSP can result in severe penalties.

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    What are the requirements for appointing a representative?

    A financial services provider (FSP) must ensure that a representative has the necessary skills and resources to perform their duties, and that the appointment doesn't create significant risks or compromise the client's interests.

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    How should a representative's remuneration be determined?

    The remuneration or fees paid to a representative must be reasonable and reflect the actual work done. It shouldn't encourage practices that harm clients.

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    What contingency plans should FSPs have?

    An FSP must have backup plans in place to ensure that services continue uninterrupted if a representative leaves the company.

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    Can representatives outsource their work?

    Representatives cannot delegate or outsource activities related to the services they perform on behalf of the FSP.

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    What qualifications must a representative have?

    A representative must have the required professional qualifications related to the products or services they will be dealing with.

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    What defines a person of good standing?

    A person of good standing is someone who has a clean record, free of any legal or ethical issues that would question their ability to operate within the financial system.

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    What types of judgments might show a person isn't 'of good standing' ?

    Past judgements, whether civil or criminal, can indicate a person is not of good standing, even if they've been resolved, unless they've been rescinded (withdrawn).

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    Can offenses against Financial Institutions affect a person's standing?

    A person can be considered not of good standing if they have been found guilty of offenses related to financial institutions, including corruption.

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    How does corruption impact a person's 'standing' in financial regulation?

    Offenses related to corruption, like bribery or fraud, can impact a person's standing in financial services.

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    Study Notes

    Representative Regulatory Exam Workshop Material (RE5)

    • Workshop material for a representative regulatory exam (RE5)
    • Up-skilling insurance intermediaries
    • RE5 Training Manual – Updated December 2022

    Table of Contents

    • Introduction to the material
    • The History of FAIS – FAIS Act 37 (2002)
    • Objectives of the FAIS Act
    • Latest updates in the Financial Services Sector
    • The relationship between the FAIS Act and the Financial Sector Regulation Act
    • The FSB now referred to as FSCA
    • FAIS Division
    • FAIS Departments
    • Glossary of terms, including the Role Players
    • Registrar vs Commissioner
    • What is Financial Services
    • What is Advice
    • What is automated advice
    • Advice is not about
    • What is Intermediary Services
    • The Representative
    • Appointment of representatives
    • Entry level requirement for Reps
    • Recruiting Reps
    • Supervision of Reps
    • What does it mean when a rep works under supervision
    • Selection of Supervisor
    • Supervision agreement
    • Supervisor responsibilities
    • Representative under supervision (supervisee)'s responsibilities
    • The requirements of a Rep
    • The roles and responsibilities of a Rep
    • When a Rep provides advice
    • Steps to be taken when providing advice to the client
    • When a client receives advice from a rep
    • Incomplete or no FNA
    • Choosing a different product
    • The Fit & Proper Requirements that apply to Representatives
    • What does Honesty and Integrity refer to?
    • CPD
    • COMPETENCE
    • Experience requirements for Reps
    • Experience applies to all FSP's, KI's and Reps
    • Experience lapses for an FSP, KI or rep if particular service for particular financial product not worked with for 5 years
    • Operational requirements for Reps
    • Representative Register
    • What information must be contained in the Representative Register?
    • What is the purpose of the Rep Register?
    • Debarring a Representative
    • Right of appeal
    • Process of Appeal
    • Reappointment of debarred reps
    • Key Individuals
    • Responsibilities of a KI
    • Fit and Proper Requirements that apply to Kl’s
    • Qualification requirements
    • Experience requirements relating to KI's
    • Management Responsibilities of the KI
    • The Financial Services Provider
    • Responsibilities of the FSP
    • Application requirements to become an FSP
    • Changes that must be reported to the FSCA
    • Licenses granted by the Commissioner
    • After granting the license, the Commissioner may
    • Displaying and disclosing the FSP License
    • Responsibilities of the FSP to ensure the KI's Fit and Proper Status
    • Control measures required by the FSP relating to Risk Management
    • FSP's Governance Framework
    • Additional requirements applicable to FSPs that provide automated advice
    • OUTSOURCING
    • Maintaining a license
    • Undesirable Business Practice
    • Suspension or Withdrawal of License
    • Process to be followed when suspending or withdrawing the license
    • Lapsing a license
    • Process to be followed when lapsing a license
    • Format of communication with the Regulator
    • The purpose of the Code of Conduct
    • Disclosure requirements
    • When rendering Financial services to clients
    • When a client receives advice from a rep
    • Choosing a different product
    • The Fit & Proper Requirements that apply to Representatives
    • What does Honesty and Integrity refer to?
    • What does Honesty and Integrity refer to?
    • Roles and functions of a Compliance officer
    • Approval of a Compliance Officer by the Commissioner
    • Application as an Officer or Practice
    • Reportable Irregularities
    • Responsibilities of the Compliance Officer and FSP
    • Withdrawal of approval
    • The FAIS Ombudsman
    • Roles and powers of the Ombud
    • Submission of a complaint to the Ombud
    • Instances of when the FAIS Ombud will not accept the complaint
    • Prescription period
    • Decline to investigate
    • Investigation of the complaint
    • Matters not settled or not accepted by all parties
    • The Ombud could
    • Monetary awards
    • The determination by the Ombud
    • Schedule 1 - Laws amended or repealed by the FAIS Act
    • Product Categories
    • Glossary of terms, including the Role Players, Registrar vs Commissioner
    • Glossary of terms on FICA
    • Transitional Provisions
    • Summary of timelines
    • Annexure 1
    • Tier 1 and Tier 2 Financial Products
    • Annexure 2
    • CLASSES OF BUSINESS
    • Sources

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    RE-5 Material PDF

    Description

    Test your understanding of the concepts of integrity and good standing. This quiz covers key aspects such as misrepresentation and the role of the Commissioner in assessing an individual's status. Enhance your knowledge of ethical standards and requirements.

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