What's Happening?

NEED HELP? QUESTIONS@FIA.ORG.ZA

Member notice | Exemption from class of business training

October 11, 2018

ARTICLE BY

Joe Kotzé
Regulation & compliance

SHARE THIS POST

Dear Member

The FSCA has issued FAIS Notice 52 of 2018 containing an exemption of certain representatives from class of business training requirements as set out in Part 5 of Chapter 3 of the Fit and Proper Requirements Board Notice, number 194 of 2017.

A person who was first appointed as a representative (new entrant) of a financial services provider on 1 August 2018 or thereafter, is exempted from the class of business training requirements, on condition that the person must comply with the class of business training requirements on or before 31 January 2019

The new entrant must also work under supervision subject to the conditions and requirements set out in the Services under Supervision Notice, Board Notice 104 of 2008.

This exemption will be valid until such time that Board Notice 104 of 2008 is withdrawn.

Please note the following requirement in terms of section 29 of Board Notice 194 of 2017 that must be adhered to:

An FSP and representative must, prior to the rendering of any financial service in respect of a particular financial product, complete product specific training, relevant to that financial product and for which they are authorised or appointed or in respect of which authorisation or appointment is sought.

The exemption referred to in FAIS Notice 52 of 2018 is therefore only in respect of class of business training and not product specific training.

FAIS Notice 52 of 2018 can be accessed at this secure link:https://www.fsca.co.za/Notices/FSCA%20FAIS%20Notice%2052%20of%202018.pdf

Members are welcome to contact Joe Kotzé at joe@fia.org.za or 087 945 5381 for more information.

FIA regards

Joe Kotzé – National Manager: Compliance.
Tel: 087 945 5381; Fax: 012 665 0534
E-mail: joe@fia.org.za www.fia.org.za

Subscriber Terms and Conditions

APPLICATION OF TERMS
- These terms and conditions (“Subscriber Terms”) apply to the subscription by any qualifying member of the South African Underwriting Managers Association NPC (“SAUMA”) to the services and benefits offered by FIA Services (Pty) Ltd (“FIA Services”) under the SAUMA affiliation arrangement (“Subscription”).
NATURE OF SUBSCRIPTION
- A Subscription under this arrangement:
  - does not constitute membership of FIA NPC;
  - does not confer any voting rights or governance participation in FIA NPC; and
  - is governed solely by the contractual relationship between the Subscriber and FIA Services.

ELIGIBILITY
- To qualify for the Subscription, the applicant must, at the time of application, be a current paid-up member of SAUMA.
- FIA Services will verify the applicant’s SAUMA membership status with SAUMA prior to activation, and may re-verify such status periodically.
- If a Subscriber ceases to be a paid-up member of SAUMA, the Subscription will correspondingly be terminated.
- Applicants are required to authorise FIA Services to confirm their SAUMA membership status with SAUMA as part of the application process.

SERVICES
- The Subscription entitles the Subscriber to the following benefits:
  - Complimentary access to the FIA CPD Platform;
  - Complimentary access to the FIA Insight Magazine (digital edition);
  - Advertising opportunities on FIA platforms at a discounted rate of 15% (fifteen percent) off the prevailing published rates; and
  - Invitations to attend FIA Technical Webinars annually.
- FIA Services reserves the right to update, vary or substitute the Services from time to time, provided that the overall value and nature of the benefits remain materially the same.

FEES AND PAYMENT
- The monthly subscription fee is R260.00 (two hundred and sixty rand) for up to seven registered individuals (Key Individuals and Representatives), and R36.00 (thirty-six rand) per additional registered individual thereafter, excluding VAT.
- The Subscriber shall provide FIA Services with the required details of each individual to be registered under the Subscription for the purposes of activation and billing.
- All fees are exclusive of VAT, which shall be charged at the prevailing statutory rate.
- Subscription fees are reviewed annually in March and may be adjusted with effect from 1 April.
- Any changes to the Subscription, including but not limited to the number of Representatives and Key Individuals registered under the Subscription, may only be effected once annually during the annual review period in March of each year, with such changes taking effect from 1 April.
- Subscription fees shall be billed monthly in arrears, unless the Subscriber elects an annual billing cycle at the time of application.
- The Subscriber shall ensure that all billing information (including contact details, authorised signatories and bank account details) is kept accurate and up to date.
- Non-payment of subscription fees may result in suspension of access to the Services until such fees are brought up to date.
- The Subscriber acknowledges and agrees that all subscription fees payable under these Subscriber Terms may be collected by way of debit order, which shall be processed by the holding company, FIA NPC (The Financial Intermediary Association of South Africa), on behalf of FIA Services. Payment to FIA NPC shall be deemed to constitute valid and sufficient discharge of the Subscriber’s payment obligations to FIA Services under these Subscriber Terms.

ONBOARDING
- Onboarding will be conducted as a Subscription with FIA Services under the SAUMA affiliation arrangement.
- Onboarding will not confer FIA NPC membership status or any associated rights.
- Onboarding is conditional on confirmation of the Subscriber’s current SAUMA membership at the time of application

DATA PROTECTION
- FIA Services will process all personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) as set out in our POPIA policies.
- By subscribing, the Subscriber authorises FIA Services to confirm their SAUMA membership status with SAUMA and to process personal information for the purposes of fulfilling the Subscription.

TERMINATION
- The Subscriber may terminate the Subscription by giving FIA Services one calendar month’s written notice.
- FIA Services may terminate the Subscription on one calendar month’s written notice, or immediately if the Subscriber breaches these Subscriber Terms and fails to remedy such breach within 14 (fourteen) days of receiving written notice.
- Termination of the SAUMA–FIA Services affiliation agreement shall not automatically terminate these Subscriber Terms.
- Termination by the Subscriber shall not relieve the Subscriber of liability for any subscription fees accrued up to the effective date of termination.
- FIA Services may suspend or terminate the Subscription with immediate effect in the event of non-payment of fees by the Subscriber.

GENERAL
- These Subscriber Terms are governed by the laws of the Republic of South Africa.
- Any disputes arising under these Subscriber Terms shall be dealt with in accordance with the dispute resolution provisions contained in the FIA NPC membership terms and conditions, as modified to reflect that the contractual relationship is with FIA Services.
- Any notices required under these Subscriber Terms may be validly delivered by email to the addresses provided in the Subscriber’s application form, and such notices shall be deemed received on the day of transmission if sent during business hours.
- The Subscriber may not assign, cede or transfer any of its rights or obligations under these Subscriber Terms without the prior written consent of FIA Services.
- No variation of these Subscriber Terms shall be of any force or effect unless reduced to writing and signed by both FIA Services and the Subscriber.