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Important notice regarding the payment of commission where premium relief has been granted

April 15, 2020

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FSCA

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Following discussions between the Financial Intermediaries Association (FIA) and the Financial Sector Conduct Authority (FSCA), the FSCA have granted exemptions for short-term insurers and long-term insurers providing premium relief, from certain provisions of the Regulations under the Short-term Insurance Act, 1998 and the Long-term Insurance Act, 1998 (the Acts).

Based on the discussions held, the FSCA recognises that the inability to pay premiums as a result of the COVID-19 pandemic will have a negative impact on the income of intermediaries many of whom are small businesses and may be unable to sustain significant income reduction.

From a short-term insurance perspective, the exemption notice is aimed at facilitating, at the discretion of the insurer, the delivery of premium relief to policyholders without impacting the expected income of intermediaries which they receive through commission. The exemption related to short-term insurance includes distinct conditions with which an insurer intending to rely on the exemption must comply. It also provides that where commission is paid in respect of a policy that is subject to premium relief, such commission may still be paid at the discretion of the insurer to assist small businesses and not exceed the maximum allowable commission.

In respect of long-term insurance, the exemption is aimed at facilitating the delivery of premium relief to policyholders by providing for the exemption from immediate adjustment of commission due to a reduction in premium received by the insurer. This exemption is also subject to conditions, which include a requirement that when it comes to the adjustment of commission, in the event that the premium relief remains unpaid for a period longer than 12 months, the adjustment of commission must be effected.

The documents below provide full and further information on the exemptions and the conditions relating to them.

FSCA Communication 19 of 2020 (INS)

FSCA INS Notice 6 of 2020

FSCA INS Notice 7 of 2020

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.