BANKSETA Inter-Bank Compliance Project FAIS Overview Question Sheet Demonstrate knowledge and insight of the Financial Advisory and Intermediary Services Act (FAIS) (Act 37 of 2002) Name Bank Tel no Job Title e-Mail address B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet Overview Question Sheet FAIS Purpose of assessment: This final assessment represents a cumulative record of what you should have learnt and understood throughout the course. This assessment will be the final evaluation tool to assess your ability to demonstrate an understanding of an overview of FAIS and your level of competence after completing the course. It will be evidence of whether you have achieved the expected learning outcomes. Instructions. Read through the questions and select the correct answer for each. The questions are presented in two formats: multiple choice and true/false. Each question has only one correct answer. o Tick () the applicable option of the multiple choice questions clearly o Write True or False in to the box for the True/False questions. You will need to complete the assessment within 90 minutes. The required competency level pass rate is 80% or 24/30. When you have finished the assessment, hand the complete answer sheet back to your course facilitator.* *This instruction applies to classroom-facilitated sessions. Page 2 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet Examples: Multiple-choice question Q1: FAIS legislation: a Was investigated by the Ministry of Finance as early as 1993 b Was investigated to regulate market conduct within the financial services industry c Was investigated to enhance the integrity of the South African financial services industry d Was enacted (Became law) in November 2002. 1.1 All of the choices are true 1.2 None of the choices are true 1.3 Choice (a) applies 1.4 Choices (b) and (c) are true 1.5 Choices (a), (b) and (c) are true. True False question Statement Is the statement True or False? 1.1.1 The external Auditor is responsible for compiling the False internal audit report. Page 3 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet Assessment Starts Here. Module 2 2.1. The Key licencing requirements include: a Personal character qualities of honesty and integrity, competence and operational ability b Number of employees in the organisation c Financial soundness for the FSP d Location and premises of the FSP. 2.1.1 All of the choices are true 2.1.2 Choices (a) and (c) are true 2.1.3 Choice (a) applies 2.1.4 Choices (b) and (c) are true 2.1.5 None of the choices are true. 2.2. The FSP licence is granted by: a The South African Reserve Bank b The Insurance Institute c The Banking Council d The Financial Services Board e Department of Labour. 2.2.1 All of the choices are true 2.2.2 Choice (a) applies 2.2.3 Choices (a) and (d) applies 2.2.4 Choices (b) and (c) are true 2.2.5 Choice (d) is true. 2.2.6 None of the choices are true. Page 4 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet 2.3. FSPs, KIs and Representatives all need to meet specific requirements relating to: a Honesty and integrity b Competence (qualifications and experience) c Management ability d Approval by the Banking Council. 2.3.1 All of the choices are true 2.3.2 Choices (a) and (b) are true 2.3.3 Choices (b) and (d) applies 2.3.4 Choices (a) and (c) are true 2.3.5 Choices (b) and (c) are true 2.3.6 None of the choices are true. 2.4. KIs are responsible for: a Managing or overseeing the activities relating to the FSP b KIs bring both technical competence in a particular financial product category and managerial skill to their organisations c Legal and accounting reporting. 2.4.1 All of the choices are true 2.4.2 Choices (a) and (b) are true 2.4.3 Choices (b) and (c) applies 2.4.4 Choice (a) is true 2.4.5 Choice (b) is true 2.4.6 None of the choices are true. Page 5 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet 2.5. A Representative: a Can be a temporary, a casual, a consultant or an outsourced person b Is responsible for attaining and maintaining their “Fit and Proper” status for each product c Is a person who renders a financial service to a client on behalf of a FSP d Is listed on the FSPs register of representatives. 2.5.1 All of the choices are true 2.5.2 None of the choices are true 2.5.3 Choice (a) and (b) are true 2.5.4 Choices (a) and (c) are true 2.5.5 Choices (b) and (c) are true. Page 6 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet Module 3 Statement 3.1 Is the statement True or False? Advice means any financial recommendation, guidance or proposal given to any client or group of clients on any financial product with the intention of getting the client to consider: Entering into a financial transaction in respect of a financial product 3.2 Investing in a financial product Varying, replacing or terminating any of these. An intermediary service occurs when a person performs any act for or on behalf of a client or product supplier, including giving advice, which facilitates a transaction relating to a financial product. 3.3 For the purposes of FAIS, advice does NOT include factual advice given: On the procedure for entering into any transaction relating to a financial product In relation to the description of a financial product In response to a routine administrative query In the form of objective information about a specific financial product By the display or distribution of promotional material. Page 7 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet 3.4. The Codes of Conduct makes it clear that representatives have to: a Obtain information from clients b Base their advice on the client’s financial situation c Keep records of the advice given d Adhere to all legal requirements e Act honestly and ethically in all dealings with clients. 3.4.1 All of the choices are true 3.4.2 Choices (a), (b) and (c) are true 3.4.3 Choices (c), (d) and (e) applies 3.4.4 Choices (b) and (c) and (e) are true 3.4.5 None of the choices are true. Statement 3.5 You are not allowed to compare financial products offered by different banks or insurance companies, if you cannot provide factual reasons for the comparisons. 3.6 A FSP which conducts business that covers more than one financial category will be able to select the requirements of the Code of Conduct with which it chooses to comply. Ms Walters from ABC Bank’s branch in Kuruman is not a representative. She phones people in the town trying to sell the new funeral plan to them. This is acceptable. 3.7 3.8 Is the statement True or False? Mr Ndlou is unhappy with the performance of his investment account. He goes to the branch to complain. The correct procedure for this staff member is to inform him that he has to go home and write a letter to the Head Office as they are the only people who can assist him. Page 8 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet 3.9. FSPs need to keep records of advice. The following does NOT need to be kept: a The advice given to clients b Brochures handed to the client c The clients salary statements d A brief summary of the information and material on which the advice was based e Which financial products were considered? 3.9.1 All of the choices are true 3.9.2 None of the choices are true 3.9.3 Choices (a), (c) and (d) are true 3.9.4 Choices (a), (d) and (e) are true 3.9.5 Choices (b) and (c) are true. Page 9 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet Module 4 Statement 4.1 Is the statement True or False? The Registrar of FSPs is appointed to deal with FAIS complaints. 4.2 If the Ombud requests information about a complaint, the information must be supplied within two weeks. 4.3 The Ombud is required to act in the best interests of the FSP when dealing with a complaint. 4.4 The Respondent does not have to allow the Complainant access to their facilities in order to submit the complaint and reduce it to writing. 4.5 A complaint must conform to the following in order to be considered under FAIS: It must fall within the ambit of FAIS It must have arisen at the time that FAIS was effective. 4.6 The Registrar has the power to institute action against any person who falls within the ambit of FAIS who has contravened or not complied with one or more provision of FAIS. 4.7. The Registrar may institute a court action against a person for payment: a Of an amount to compensate the losses suffered by any other person as a result of the contravention or non compliance b Bank Charges c Interest d The cost of the lawsuit. 4.7.1 All of the choices are true 4.7.2 None of the choices are true 4.7.3 Choices (a), (b) and (c) are true 4.7.4 Choices (a), (c) and (d) are true 4.7.5 Choices (b), (c) and (d) are true. Page 10 Overview Developed by Gray Training 011 472 3516 Jan 2004 B A N K S E T A S p o n s o r e d p r o j e c t Assessment Instrument: FAIS Training: Question sheet Module 5 5.1. The FAIS Compliance Officer is responsible for: a Providing the FSP with written reports on the course of and progress achieved with compliance monitoring duties b Making recommendations to the FSP regarding any aspect of the required compliance or monitoring duties c Monitoring compliance with FAIS by the FSP, KIs and its Representatives d Liasing with the Registrar. 5.1.1 All of the choices are true 5.1.2 None of the choices are true 5.1.3 Choice (a), (b) and (c) are true 5.1.4 Choices (a) (c) and (d) are true 5.1.5 Choices (b), (c) and (d) are true. Statement 5.2 Is the statement True or False? Non-compliance occurs when people do not adhere to statutory, regulatory and supervisory requirements. 5.3 The FSP must appoint a CO who must be approved by the Ombud. Page 11 Overview Developed by Gray Training 011 472 3516 Jan 2004
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