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News

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Whilst we see our clients on a regular basis and are always available to provide input to clients queries and questions we cannot tell everyone everything as and when news needs to be shared. Whilst we understand that there is a perception that there is almost too much information in the market place and that this often hampers the flow rather than enhances it we have chosen to provide formal input on compliance related matters to clients via a monthly newsletter. This is now supported by an AC Blog that allows us to communicate key issues that we consider worthy of a clients attention on a more regular basis as and when needed.
The newsletter is issued at the end of each month and has regular features that includes, but not limited to, news from;

·         Associated Compliance
·         The FSB
·         The FAIS Ombud
·         The FIC
·         And a variety of articles we have read from the market place that we consider to be worth your attention

News story of the month

Proposed Amendments to Legislation

Draft changes to the FAIS General Code of Conduct and the FAIS Specific Code for Short-term Deposits Business were published by the FSB on 1 November 2017. The deadline for submission of comments is 28 February 2018. We do not expect implementation of any changes until the middle of 2018. In fact, the proposed start dates for advertising and complaints are already drafted as at 1 July 2018 and 1 January 2019 respectively and we all know how accurate proposed start dates
have been!

The FSB’s own overview of the proposed amendments provides a summary of the key changes and the rationale behind them. Click here to download it.

The two biggest changes by way of a number of regulatory requirements are advertising and complaints management. Each take up six pages of the
20-page document.

We have supplied a copy of these specific sections so you can easily review the extent of the detail. Click here for advertising and here for complaints.

Both proposals seek to align the FAIS standards to those soon to apply to insurers via the Policyholder Protection Rules. The proposals demand a complete review of the current standards, especially complaints management as this has an impact on
all FSPs.

Some notable aspects of the advertising standards are:

The key individual has direct responsibility for approval of advertisements
Prominence of the information contained has been clearly defined, including sound and speed of speech in audio-based adverts
Negative options advertisements will not be permitted
Unwanted direct advertising can be stopped by the client
Endorsements by third parties of products and/or providers must be real people/events and where people have been paid to do these this must be disclosed
Loyalty benefits or bonuses: The financial impact of providing this must be disclosed if the cost exceeds 10% of the premium/investment amount.

Some notable aspects of the complaints management standards are:

The long-anticipated change in the definition to “… any expression of dissatisfaction.”
There will be no need to record:
complaints finalised immediately by the person who received the complaint.
complaints finalised in the ordinary process of handling the matter, if this does not take longer than five days. Care will be needed to ensure such matters can be tracked and then recorded as and when needed.
any other matter that does not allow the provider a reasonable opportunity to record the details e.g. a passing comment from a client with no real substance.

The fear many FSPs had that ‘absolutely everything’ would need to be noted has been addressed in this more practical approach.

When complaints do need to be formally recorded, the level of detail needed is extensive. There are nine separate classifications of complaint (see section (4)(a)).
The Board or governing body of the FSP is responsible for management of the effectiveness of the process. The person responsible for management on a day-to-day basis must have the skills and be sufficiently empowered to do so. The days of the receptionist managing a complaints register are over.
Communication standards with clients who have lodged complaints are extensive and will demand specific letters and formats to allow for adherence to these standards.
It is made very clear that an FSP must try and resolve a matter and not simply expect the relevant Ombud to have to make determinations.
A provider must ensure that it monitors other determinations, publications and guidance issued by any relevant Ombud to identify risks and failings within their own organisation in a proactive manner.

Obviously, we will interact with our FSPs to ensure that current standards are reviewed and upgraded as required as and when the final versions are released.

Other highlights of the proposed changes:

Direct Marketing: The distinctions between a director marketer and a broker have effectively been removed. This will mean, among other things, the need for:
Direct Marketers to increase disclosures to a client before the sale is concluded (previously this could be done post sale).
The need to provide a documented record of advice. The proposal does allow for the use of data messages as the means for such confirmation.

This may well force the Direct Marketer to look critically at the product range it sells and whether advice should be part of the sales process. The impact of the Fit & Proper amendments around such delivery mechanisms and the related education and CPD standards will undoubtable also play a role in this.

The definition of Replacement is being improved to achieve better clarity as to what is needed and when (which will now include the Direct Marketer).
The FSB are looking to be able to prescribe, where appropriate, the format and the matters to be addressed in the record of advice. This is on the basis that this will improve compliance, the quality and costs.
The need for an FSP to act honestly, which is currently specific to when rendering a financial service, is to be amended to simply state must “at all times act honestly, fairly with due skill, care and diligence.” The FSB acknowledge that this is a broad phrase but should be taken in the context of the process being regulated. Clearly though, it extends the FSB’s reach without having to debate if a matter was part of a financial service.
The definition of a financial interest is to be amended to allow for enterprise development contributions – which must be a good thing.
Improved disclosure requirements so clients better understand when a non-financial product is not regulated by the FSB. We have always advised this along with the need to separate the cost of such products from the true premiums on any policy/product schedule.
Forecast, illustrations, hypothetical data or projected benefits and past performance data was only directly regulated when it came to advertisements. This is to be corrected by the inclusion of standards in Section 7 of the Code.
There will be several regulations to give effect to some of the RDR proposals that deal with:
Intermediary remuneration (Proposals HH – KK), specifically disclosures around fees and the services that can be expected for those fees,
Financial interest offered to Representatives (Proposal RR) dependent on quantity of business and that there are fair outcomes for customers and the need to evidence how this is done.
Advice provided to groups and their members (Proposal C) e.g. medical aids and pension funds must be such that the needs of those members must be considered.
Providing advice where a provider has limited options due to legal (e.g. licence restrictions) or contractual limitations (e.g. tied agency restrictions) and the potential for the wrong product being offered as a result will be further controlled by enhanced regulation forcing the provider not to recommend a product and advise the client accordingly.
The FSB were considering a “low advice” distribution model where a client makes or has a specific request or need and a full suitability analysis is not warranted. The proposal at this stage is that this “low advice” option will not be followed as it is felt the current regulations allow for such an approach and merely clarifying this in terms of the current regulations is all that is needed.

Previous AC Newsletters

Newsletter – January 2013:       View online     |     Download

Newsletter – February 2013:     View online     |     Download

Newsletter – March 2013:          View online     |     Download

Newsletter – April 2013:             View online     |     Download

Newsletter – May 2013:              View online     |     Download

Newsletter – June 2013:             View online     |     Download

Newsletter – July 2013:              View online     |     Download

Newsletter – August 2013:         View online     |     Download

Newsletter – Sep 2013:               View online     |     Download

Newsletter – Oct 2013:               View online     |     Download

Newsletter – Nov/Dec 2013:     View online     |     Download

Newsletter – Jan 2014:              View online     |     Download

Newsletter – Feb 2014:              View online     |     Download

Newsletter – Mar 2014:              View online     |     Download

Newsletter – Apr 2014:              View online     |     Download

Please click below to download documents mentioned in the above months newsletter:

Newsletter – May 2014:              View online     |     Download

Please click below to download documents mentioned in the above months newsletter:

Newsletter – June 2014:             View online     |     Download

Newsletter – July 2014:             View online     |     Download

CCI Technical Paper

FAIS Ombud Newsletter Issue 4

Ombud ruling on RVAF complaint

Newsletter – August 2014:        View online     |     Download

FAIS Ombud Newsletter Issue 4

Minutes of board meetings

POPI Norton Rose Fulbright

POPI

Newsletter – September 2014:     View online     |     Download

POPI Guide

Invitation to comment on proposed Guidance Note on the interpretation and application of section 13(1)(c)

Information Letter 2 of 2014 (LT) – Administration agreements – life  assistance (final as issued)

IISA Publication 2014

Newsletter – October 2014:     View online     |     Download

Board Notice 114 of 2014

Discussion Document 29 (v8)

Information Letter 3 of 2014 (LTST)

Newsletter – December 2014:     View online     |     Download

RDR Seminar

FAIS Ombud newsletter

FSB Retail Distribution review

RDR Submission Template

TCF Complaints Management

Newsletter – January 2015:     View online     |     Download

Newsletter – February 2015:     View online     |     Download

Newsletter – March 2015:         View online     |     Download

FIACoveringLetterRDRSubmission20150324

FIAGeneralCommentsOnRDRChapters20150324

FIALongTermRDRReviewFeedback20150324

FIAShortTermRDRReviewFeedback20150324

Newsletter – April 2015:         View online     |     Download

ASISA_Standard_on_Replacement_27_March_2015_v2

BN_76_2015_updated_qual_list_for_FSPs

Insurance_Bill_2015

Memo_on_Objects_Financial_Intelligence_Centre_Amendment_Bill

PCC31_Media_Statement

Sharemax_appeal_Fais_Ombud_Finding

F&I_Guide_on_TCF

Newsletter – May 2015:         View online     |     Download

Annual_levies_2015

Board_Notice_92_of_2014

Cat_1_with_CO

FSB_Discussion_Paper_Future_Regulatory_Framework_for_Reinsurance_in_South_Africa

Ombudsman_ar_2014

PN_240_New_disclosure_regulations_for_collective_investment_schemes

ST_Ombud_Annual_Report_2014

October, 2015, Newsletter

AC Newsletter, October, 2015   –   View online  | Download

Twin_Peaks_Reform

Decision_AGM_Coetzer_nee_Kriel

Examination_Terms_and_Conditions_13_Oct_2015

FIC_Annual_Report_2014_2015_lores

Financial_Sector_Regulation_Bill_tabled_27_October_2015

LT_SPECIALR_30_June_2015v1

LT_tables_2014

ORDER_EC_Thebe_2015_10_13_signed_by_Judge_Eloff

RDR_SAIFM_2nd_Regulatory_Summit_Presentation

Regulation_of_exchanges_in_the_context_of_Twin_Peaks_01_10_2015_presented_by_Solly_Keetse

April, 2016, Newsletter

AC Newsletter, Apr 2016   –   View online  | Download

 

May, 2016, Newsletter

AC Newsletter, May 2016   –   View online  | Download

June, 2016, Newsletter

AC Newsletter, June 2016   –   View online  | Download

August, 2016, Newsletter

AC Newsletter, August 2016   –   View online  | Download

September, 2016, Newsletter

AC Newsletter, September 2016   –   View online  | Download

Other e-news sites that provide useful information

·         Insurance Gateway (IG eZine) www.insurancegateway.co.za

·         FANews www.fanews.co.za

·         RiskSA www.risksa.com

·         Cover www.cover.co.za

July, 2017, Newsletter

AC Newsletter, July 2017 – View online | Download

August, 2017, Newsletter

AC Newsletter, August 2017 – View online | Download

September, 2017, Newsletter

AC Newsletter, September 2017 – View online | Download

October, 2017, Newsletter

AC Newsletter, October 2017 – View online | Download

March, 2018, Newsletter

AC Newsletter, Mar 2018 – View online | Download

April, 2018, Newsletter

AC Newsletter, Apr 2018 – View online | Download

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