The FAIS Act

The FAIS Act regulates the rendering of financial services to clients.

F

Financial

A

Advisory (and)

I

Intermediary

S

Services (Act)

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FAIS

The rendering of financial services includes providing advice to clients, and also rendering administrative or intermediary services on these financial products. 

Advice + Intermediary Services = Financial Services

The financial services are rendered by the Financial Services Provider or FSP.  The FSP must be authorized by the Financial Sector Conducts Authority or FSCA and appoints representatives to render the financial services for or on behalf of the FSP.  The FSP must also appoint a key individual or key individuals to manage and oversee the activities of the FSP and the representatives.

 Board Notice 194 of 2017

 Financial Services Providers (FSPs), Key Individuals (KIs) and Representatives (Reps) must comply with FAIS Fit and Proper Requirements.  These requirements are regulated in terms of Board Notice 194 of 2017 – The Determination of Fit and Proper.  The Fit and Proper Requirements are amended from time to time.

 

There are three main categories of fit and proper requirements that the F&I must comply with:

These Fit and Proper requirements are:

9

Competence

Honesty, Integrity and Good Standing

Continuous Professional Development (CPD)

Getting qualified in terms of the FAIS Fit and Proper Requirements

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Honesty, Integrity and Good Standing Requirements

Firstly, the F&I must comply with honesty, integrity requirements and be a person of good standing. A person cannot be in the financial services industry, unless they comply with these requirements that is described in detail in Board Notice 194 of 2017.

Secondly, the person must comply with the competency requirements which include having the necessary experience, completing product specific and class of business training, passing the regulatory examination for representatives, or RE5 as we know it, and completing a qualification that is recognised by the Authority. The F&I must work under supervision until the competency requirements are met.

Thirdly, once the F&I completed all the competency requirements, he must maintain his competence by completing CPD points or activities in an annual cycle, the cycle runs from 1 June to 31 May each year.  The number of CPD points/activities that one ought to complete in a cycle depends on the product category in which you are working. Most F&I’s must complete 18 CPD points per CPD Cycle.

Under honesty, integrity requirements and be a person of good standing, a person cannot be appointed or remain in the role if he or she is under insolvency, provisionally insolvent or there are pending actions to become declared insolvent. Insolvent means that the person has failed to pay debts and action has been brought about through a court to liquidate (cash in) the person’s estate. Everything the person owns is sold off and the money is used to settle the unpaid debts as far as possible. This is not at all the same as being blacklisted because following the insolvency, the person will not own anything, and may not enter into credit and other similar contracts for a number of years. It stands to reason that a person who has defaulted financially to such a degree would not be suited to advise clients on their finances.

 Once the basic requirement of honesty, integrity requirements and be a person of good standing have been met, and a person is appointed to the role of representative, he or she will still need to become competent. Under FAIS, in order to be fully competent, a number of requirements must be met within specific time periods. In short, the Fit and Proper competency requirements for F&I’s include the following:

Competency requirements

Experience:

Hands-on working experience.  The duration varies from 2 months to 1 year.  Most F&I’s would need 1 year experience as a representative to cover all their product categories.

Product specific training

Product specific training refers to training and assessment on the products under which the representative has been appointed.  This would include the product structure, purpose, terms and conditions, costs involved.  The F&I must complete product specific training before they could be allowed to render financial services.

Class of business training

Class of business training refers to training and assessment on the relevant industry sub-sectors, for example training on long-term insurance., or training on short-term insurance. Depending on the products that the FSP sells, F&I’s would need to complete Class of Business Training in Short-Term Insurance Personal Lines, Short-term Insurance commercial lines and Long-term insurance, and this must be completed within 12 months from date of first appointment.

Regulatory Examination

As a representative, F&I’s must successfully complete the Regulatory Examination for Representatives, or RE5.  Regulatory examination refers to an assessment on the legal framework in which representatives work, specifically on the FAIS Act and the FAIS General Code of Conduct. F&I’s must successfully complete RE5 within 2 years of date of first appointment.

Relevant qualification

F&I’s must complete a qualification that is recognised by the FSCA, in the product categories in which they operate.  The qualification could be for example a Retail Insurance Qualification or Short-Term or Long-term insurance qualification on NQF 4, or a Wealth Management Qualification on NQF 5, but many other qualifications for example a BCom is also recognised by the FSCA.  The qualification must be completed within 6 years of first appointment.

Representative register

The FSP must register the new representative on the representative register. The date of their first appointment on the representative register is called the DOFA date. This date is important as a representative is only allowed to work under supervision for a period of six years from date of registration on the register. During this period, the representative must comply with the FAIS Fit and Proper Competency Requirements.

DOFA Cut-off dates

A representative has 12 months from the date of his registration on the Financial Service Provider Rrepresentative Register to be found competent on the Classes of Business, 24 months to pass his Regulatory Examination for Representatives and 6 years to complete his FSCA Recognised Qualification.

Board Notice 86 of 2018 – Working under supervision

Why must an F&I who is not yet competence work under supervision?

When a person is first appointed in a position as F&I, the person must start working under supervision to support the representative’s development, and to ensure that clients receive the best advice and service while the representative becomes competent.

The representative therefore acts under supervision until meeting all Fit and Proper competency requirements.

 

In addition to obtaining formal qualifications, representatives therefore need to gain certain knowledge and skills under the guidance of an experienced and qualified person in order to do the best job possible.

Debarment

If the representative fails to meet one or more requirement within the time limits listed in the above table, he or she must be removed or debarred from the position until the requirement has been met, this could also lead to dismissal.

Non compliance with the Good standing, Honesty and Integrity Requirements :

  • Acting fraudulently
  • Misconduct or dishonesty

Non compliance with the Competence Requirement :

Not completing the following by the deadline:

  • Product training
  • Class of business training
  • RE5
  • FSCA recognised qualification
  • CPD points

The purpose of debarment is to protect customers from unethical financial services rendered by representatives who are no longer fit and proper. When a representative is debarred, he/she can no longer render any new financial services to clients. However, a representative who has been debarred, may apply for re-appointment, but there are certain conditions that must be met before the Authority will re-appoint him/her: The Representative must submit certified copies of proof of compliance to the appointing provider.

Representatives who were debarred for non-compliance with the Honesty and Integrity Requirements, must wait 12 months after the debarment before they can apply for re-appointment. Representatives who were debarred for non-compliance with the competence requirements, could apply immediately for re-appointment after compliance was achieved (e.g. passed RE).

 

Fit and Proper Requirements for Financial Services Providers (FSPs), Key Individuals (KIs) and Representatives (Reps) in a nutshell

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Experience gained

6 to 12 months experience gained while working under supervision at an FSP

Product training

Product training will be provided on the job by the product suppliers or FSP.

Regulatory Examination for Representatives (RE5)

Regulatory Examination for Representatives (RE5) – complete while busy with qualification – must be completed within 24 months from DOFA

View Course

Class of Business Training

Class of Business Training must be completed within 12 months from DOFA

View Course 

FSCA Recognized qualification

FSCA Recognized qualification must be completed within 72 months from DOFA

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