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1 Financial Services Board Regulatory Examinations October/ November 2011

Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Page 1: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

1

Financial

Services

Board

Regulatory Examinations

October/ November 2011

Page 2: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

2

Regulatory Examinations

Page 3: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Regulatory Examinations

Determination

of Fit and

ProperHonesty

and

Integrity

Competency

Operational

Ability

Financial

Soundness

Continuous

Professional

Development

(CPD)

Operational

Ability

Page 4: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Regulatory Examinations

• Qualifications and credits haphazard

• No consistency in level provided

• Many people have been looking for the

easy “way out”

– Grandfather clause

– RPL assessments

– Cheapest options

– Meaningless credits

Page 5: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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• Qualification based on unit standards or

modules and governed under SAQA

• Qualification more knowledge and application

focused

• Competency is more job-focused

• Competency assesses skill and knowledge

relating to a particular function

• Qualification does not necessarily imply

competence.

Qualification vs. Competency

Page 6: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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How are the REs constructed?

Page 7: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Regulatory Examinations

Regulatory

Examination

Level

Legislative

Examination

FAIS Act

Codes of

Conduct

Counter-

Money

laundering

• The regulatory role as a sole

proprietor / key individual /

representative

• Requirements of the Act

• Disclosure

requirements

• Record keeping

•Counter-money laundering

requirements

•Roles and responsibilities

Page 8: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Regulatory Examinations

Regulatory

Examination

Level

Product Specific

Examination

Product

specific

Application

of relevant

legislation

• Product features

• Needs analysis processes

• Identify what other relevant

legislation should be

considered

• Application of the legislative

requirements when giving

advice / rendering intermediary

services

Page 9: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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RE Structure

Representatives

(50 Questions)

[Weighting 4 ]

FSP II & IIA

Exam (30) [3]FSP 1.1 & 1.19

General Exam (50) [2]

FSP III

Exam (30) [3]

FSP I & IV, II, IIA & III

General Exam (80) [1]

1

2

Long T

erm

Cat A

Long T

erm

Cat B

Long T

erm

Cat C

Short T

erm

Pers

onal

Short T

erm

Com

merc

ial

Reta

il Pensio

n B

enefits

Pensio

n F

und B

enefits

Colle

ctiv

e In

vestm

ent S

chem

e

Securitie

s &

Instru

ments

(x6)

Frie

ndly

Socie

ty B

enefits

FSP 1.1 & 1.19

Level 2 (30) [2]

Assis

tance B

usin

ess F

SP

Fore

x In

vestm

ent B

usin

ess

Health

Serv

ices B

enefits

Long &

Short T

erm

Deposits

Page 10: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Bloom’s Taxonomy

Level 4

Level 3

Level 2

Level 1

Question Levels

Page 11: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Question paper layout

• Predetermined layout

• Level one and two questions more at the

beginning and end of question paper

• Level three and four questions in middle of

question paper

Page 12: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Question paper format

Question Level Question Level Question Level Question Level Question Level

1 1 11 1 21 4 31 3 41 2

2 1 12 1 22 3 32 3 42 2

3 1 13 2 23 3 33 2 43 1

4 2 14 2 24 4 34 3 44 1

5 1 15 2 25 3 35 2 45 1

6 2 16 2 26 4 36 2 46 2

7 2 17 2 27 3 37 2 47 1

8 1 18 2 28 4 38 2 48 2

9 2 19 3 29 4 39 2 49 1

10 1 20 3 30 3 40 1 50 1

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Question weightings

28%20%

10% 10%

30%

40%50%

30% 30%

40%

20%25%

35% 35%

20%

12%5%

25% 25%

10%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

KI General KI (1.1,1.19) KI (II,IIA) KI (III) Representatives

Level 4

Level 3

Page 14: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Regulatory Examinations

Closed book examination; Pass mark 65% or 66%

Examination Questions Time allowed

Key Individual 80 2½ hours

Representative 50 2 hours

Page 15: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Consistency

Question

Data Bank

Examination

Bodies

Individual

Examinations

Page 16: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Preparing for the examination

Page 17: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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What will be assessed?

Qualifying Criteria published in Board

Notice 105 of 2008 (15 October 2008)

Page 18: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Training Material

© INSETA

SECTION 4 10h

Page 19: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Training material

Page 20: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Preparation for the Level 1 REs

• Preparation Guideline available from the FSB‟s

website

• Use the mapping of relevant legislation against the

qualifying criteria

• Beware the trainer who does not make use of the

above

• „Bite size chunks‟

Page 21: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Mapping the RE

Task No Task

Knowledge Criteria Motivation

1 Execute the required actions as a representative, in terms of the FAIS Act.

Describe the roles, responsibilities and requirements regarding representatives as defined in the FAIS Act.

BN 104 of 2008 -Sec 1 Definition of Supervisee. FAIS Act -Sec 1 Definition of Representative. Guidance Note on Intermediary Services and Representatives. FAIS Act -Sec 13(1). FAIS Act -Sec 13(2).

Page 22: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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RE 1: Key individual

Task Task Name

1 Describe the role of the key individual in terms of the FAIS Act.

2 Describe the role of the representative in terms of the FAIS Act.

3 Manage and oversee the appointment of representatives.

4 Manage the rendering of services under supervision.

5 Manage and oversee the ongoing development/employment of representatives.

6 Debar representatives that have been found to act fraudulently, or committed any other act that gives rise to debarment.

7 Awareness of the regulatory environment in which the FSP functions

8 Awareness of the specific obligations in terms of the relevant Code of Conduct and other subordinate legislation.

Page 23: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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RE 1: Key individual

Task Task Name

9 Oversee and manage the compliance functions as required by the FAIS Act.

10 Maintain the license of the FSP including the management of the licensing conditions

11 Take the necessary action if the FSP voluntarily lapses its license.

12 Verify that the proper record keeping activities are carried out.

13 Manage and oversee / participate in the setting up and/or managing of the infrastructure of the FSP.

14 Manage and oversee the requirements that auditors/accounting officers must adhere to.

15 Manage and oversee the FSP's adherence to the requirements of FICA and other relevant anti-money laundering legislation, as it applies to the FSP.

16 Manage any processes required in the event of an investigation by the FAIS Ombud.

Page 24: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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RE 1: Key individual

Regulatory Examination - Key Individuals

Qualifying Criteria per Task (184)

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16

Page 25: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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RE 5: Representative

Task Task Name

1 Execute the required actions as a Representative, in terms of

the FAIS Act.

2 Contribute towards maintaining a FSP licence.

3 Adhere to the specific obligations in terms of the relevant Code of Conduct and other subordinate legislation.

4 Apply knowledge of financial products.

5 Awareness of consequences for Representatives that have been found to act fraudulently, or committed any other act that gives rise to debarment.

6 Align execution of duties and actions with the compliance requirements.

7 Carry out the proper record keeping activities.

8 Adhere to the requirements of FICA and other relevant anti-money laundering legislation, as it applies to the FSP.

Page 26: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Regulatory examinations

Regulatory Examination - Representatives

Qualifying Criteria per Task (69)

0%

5%

10%

15%

20%

25%

30%

01 02 03 04 05 06 07 08

Page 27: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Regulatory examination format

“the examination will be a closed book set

of multiple choice questions. The papers

will have up to 80 different questions

selected from a data bank of questions.

Each examination will test competence

across all tasks and qualifying criteria”

Page 28: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Question paper format

Question Level Question Level Question Level Question Level Question Level

1 1 11 1 21 4 31 3 41 2

2 1 12 1 22 3 32 3 42 2

3 1 13 2 23 3 33 2 43 1

4 2 14 2 24 4 34 3 44 1

5 1 15 2 25 3 35 2 45 1

6 2 16 2 26 4 36 2 46 2

7 2 17 2 27 3 37 2 47 1

8 1 18 2 28 4 38 2 48 2

9 2 19 3 29 4 39 2 49 1

10 1 20 3 30 3 40 1 50 1

Page 29: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Completing answer sheets

• Answers marked on the question papers will NOT be marked – i.e. 0%

• Ensure that you fill in the circles clearly

– Colour in

– Do not Tick or mark with a Cross

• Clearly enter you name, FSP number and ID number

• Sign the form

• Complete the date of the examination

Page 30: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Completing answer sheets

Page 31: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Appeals and Re-marks

• Examination Terms and Conditions

• What is a re-mark?

• What is an appeal?

• Fees for the above

• Process for the above

• Refunds

Page 32: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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FAQ

• “Exam questions are designed to trip us up”!

• FSB endorsed training provider?

• 64% - now what?

• “Questions in the exam do not match my training

material”

• Deadlines?

Page 33: Financial Services Board Regulatory Examinations - · PDF file3 Regulatory Examinations Determination of Fit and Proper Honesty and Integrity Competency Operational Ability Financial

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Regulatory Examinations

WE WISH YOU SUCCESS!