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Full annual report - African Bank - Investoreports

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Regulatory<br />

issue Description Risk/Impact Current position<br />

FAIS Act The FSB expressed the view<br />

that anyone selling an<br />

insurance product is obliged to<br />

be registered as a<br />

representative as defined in the<br />

FAIS Act and must meet the<br />

FAIS Act qualification<br />

requirements.<br />

130<br />

The front end personnel both in<br />

the <strong>Bank</strong>ing and Retail units do not<br />

have the qualifications nor the<br />

level of skill to meet the FAIS Act<br />

qualification requirements in their<br />

current form.<br />

The failure to comply with the FAIS<br />

Act requirements could result in<br />

both the <strong>Bank</strong>ing and Retail units<br />

losing its FSP licences resulting in<br />

the inability to conduct the<br />

business of selling credit life and<br />

product insurance.<br />

The FSB, after much lobbing by the<br />

CGSA, the trade unions, SAIA and<br />

other industry bodies have<br />

acknowledged that a “one size fits<br />

all” qualification requirement is not<br />

an appropriate way to improve<br />

the level of consumer protection<br />

in the industry.<br />

The FSB has therefore published<br />

an amendment to the FAIS Act fit<br />

and proper regulations introducing<br />

a new subcategory of<br />

representative that would need to<br />

meet a lower level of qualification<br />

as compared to the current level.<br />

Until such time that the level of<br />

qualification and examination<br />

requirements are determined all<br />

FSPs and representatives<br />

conducting business in these new<br />

subcategories are exempted from<br />

the qualification and examination<br />

requirements.

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