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Evaluating the effect of the legislative and regulatory requirements in the financial services industry / David Pieter van der WesthuizenVan der Westhuizen, David Pieter January 2014 (has links)
South Africa has faced many changes in the last 20 years. There are some glaringly obvious ones such as democracy while others, such as the considerable increase of the legislative and regulatory requirements in the financial-services industry, are more subtle. Both however, have far-reaching consequences for both individuals and businesses.
In Schaeffer's keynote address at the 2011 Financial Planning Convention, the global trends currently influencing the financial-planning profession were pointed out. These included the move towards a more relationship-based approach between financial planners and their clients, with holistic service offerings and regulatory change.
Currently close to 100 000 Financial Services Board (FSB)-registered brokers/ advisors/ planners/ consultants claim to offer financial advice. Of these representatives only 4 600 (approximately) are Certified Financial Planner® professionals. The Financial Planning Institute of Southern Africa (FPI) maintains that the regulatory environment governing the financial industry is dynamic. Coupled with a tumultuous economic environment, this enforces the importance of an expert to assist individuals and businesses in planning for the future.
The primary purpose of the Financial Advisory and Intermediaries Services Act (FAIS Act) is to:
1. protect the client against indecorous conduct by the financial service provider (FSP) and its representatives when providing financial advice and/or rendering intermediary services to clients;
2. ensure economic efficiency of the industry;
3. ensure that clients of FSPs are provided with sufficient information regarding their financial products, the representatives selling the products, the represented FSP and the product provider offering the products.
The effect of the FAIS Act is that key individuals and representatives are now being held responsible for their actions, which may include providing incorrect information or not having sufficient qualifications or experience.
According to the FSB the FAIS Fit and Proper requirements determine a set of requirements that all FSPs, key individuals and representatives need to comply with.
The Determination of Fit and Proper Requirements of 2008 outlines the categories of fit and proper requirements for FSPs, their key individuals and representatives. The categories of the FAIS Fit and Proper requirements are:
- honesty and integrity requirements for FSPs, key individuals and representatives;
- competency requirements of FSPs, key individuals and representatives;
- experience requirements of FSPs, key individuals and representatives;
- qualifications requirements of key individuals and representatives;
- regulatory examinations requirements of key individuals and representatives;
- continuous professional development requirements of FSPs, key individuals and representatives;
- operational ability of FSPs, key individuals and representatives; and
- solvency of FSPs.
The empirical study of the research was conducted nationally, within South Africa. The focus of the study was to investigate the perception of financial planners with regard to the regulatory and legislative prescriptions of the financial-services industry. The general objective of the study is to provide a quantitative measure of the perception of financial planners of the effect that the legislative and regulatory requirements in South Africa have on the ethicality of the financial-planning industry. To achieve this objective, the empirical study focussed on the responsibilities of financial-services providers and the FAIS fit and proper requirements as set out by the FAIS Act.
The population identified for the empirical study consisted of financial planners that provide advisory and/or intermediary services in South Africa. The population of the study consisted of the full advisory complement, 826, which form part of the advisory division of a major South African financial-services provider. These financial planners are located across South Africa, in all nine provinces and in rural and metropolitan areas.
Based on the result of the adjusted sample size equation, the required sample size for the study is reduced from 266 to 201. A total of 260 responses were received for the study which ensures a high level of accuracy is achieved from the findings of the research.
The results of the empirical study provide ample proof that financial planners support the necessity and specificity of the FAIS fit and proper requirements as defined by the FAIS Act. Additionally, the financial planners agree that the determinants of the FAIS Act are not only beneficial to the sustainability and ethicality of the industry, but also support the success of the planner and ultimately ensure that clients receive the best possible financial advisory and/or intermediary services. / MBA, North-West University, Potchefstroom Campus, 2015
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Evaluating the effect of the legislative and regulatory requirements in the financial services industry / David Pieter van der WesthuizenVan der Westhuizen, David Pieter January 2014 (has links)
South Africa has faced many changes in the last 20 years. There are some glaringly obvious ones such as democracy while others, such as the considerable increase of the legislative and regulatory requirements in the financial-services industry, are more subtle. Both however, have far-reaching consequences for both individuals and businesses.
In Schaeffer's keynote address at the 2011 Financial Planning Convention, the global trends currently influencing the financial-planning profession were pointed out. These included the move towards a more relationship-based approach between financial planners and their clients, with holistic service offerings and regulatory change.
Currently close to 100 000 Financial Services Board (FSB)-registered brokers/ advisors/ planners/ consultants claim to offer financial advice. Of these representatives only 4 600 (approximately) are Certified Financial Planner® professionals. The Financial Planning Institute of Southern Africa (FPI) maintains that the regulatory environment governing the financial industry is dynamic. Coupled with a tumultuous economic environment, this enforces the importance of an expert to assist individuals and businesses in planning for the future.
The primary purpose of the Financial Advisory and Intermediaries Services Act (FAIS Act) is to:
1. protect the client against indecorous conduct by the financial service provider (FSP) and its representatives when providing financial advice and/or rendering intermediary services to clients;
2. ensure economic efficiency of the industry;
3. ensure that clients of FSPs are provided with sufficient information regarding their financial products, the representatives selling the products, the represented FSP and the product provider offering the products.
The effect of the FAIS Act is that key individuals and representatives are now being held responsible for their actions, which may include providing incorrect information or not having sufficient qualifications or experience.
According to the FSB the FAIS Fit and Proper requirements determine a set of requirements that all FSPs, key individuals and representatives need to comply with.
The Determination of Fit and Proper Requirements of 2008 outlines the categories of fit and proper requirements for FSPs, their key individuals and representatives. The categories of the FAIS Fit and Proper requirements are:
- honesty and integrity requirements for FSPs, key individuals and representatives;
- competency requirements of FSPs, key individuals and representatives;
- experience requirements of FSPs, key individuals and representatives;
- qualifications requirements of key individuals and representatives;
- regulatory examinations requirements of key individuals and representatives;
- continuous professional development requirements of FSPs, key individuals and representatives;
- operational ability of FSPs, key individuals and representatives; and
- solvency of FSPs.
The empirical study of the research was conducted nationally, within South Africa. The focus of the study was to investigate the perception of financial planners with regard to the regulatory and legislative prescriptions of the financial-services industry. The general objective of the study is to provide a quantitative measure of the perception of financial planners of the effect that the legislative and regulatory requirements in South Africa have on the ethicality of the financial-planning industry. To achieve this objective, the empirical study focussed on the responsibilities of financial-services providers and the FAIS fit and proper requirements as set out by the FAIS Act.
The population identified for the empirical study consisted of financial planners that provide advisory and/or intermediary services in South Africa. The population of the study consisted of the full advisory complement, 826, which form part of the advisory division of a major South African financial-services provider. These financial planners are located across South Africa, in all nine provinces and in rural and metropolitan areas.
Based on the result of the adjusted sample size equation, the required sample size for the study is reduced from 266 to 201. A total of 260 responses were received for the study which ensures a high level of accuracy is achieved from the findings of the research.
The results of the empirical study provide ample proof that financial planners support the necessity and specificity of the FAIS fit and proper requirements as defined by the FAIS Act. Additionally, the financial planners agree that the determinants of the FAIS Act are not only beneficial to the sustainability and ethicality of the industry, but also support the success of the planner and ultimately ensure that clients receive the best possible financial advisory and/or intermediary services. / MBA, North-West University, Potchefstroom Campus, 2015
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The legal protection of clients against insurance advisors in Lesotho and South Africa / Pontso Angelina MochesaneMochesane, Pontso Angelina January 2014 (has links)
The protection of clients in their dealings with insurance advisors is very important. This is
mainly because clients are not too knowledgeable about insurance products. This lack of
knowledge makes vulnerable to exploitation by insurance advisors. It is the duty of the
regulator of insurance to ensure adequate protection of clients in their dealings with
insurance advisors. However, this may not be easily attainable in a jurisdiction like Lesotho
where there is only one regulator for all financial institutions, the Central Bank of Lesotho.
This more so because insurance is very complex as there are different persons and
contracts involved. The client has to firstly deal with insurance advisors or intermediaries
before an actual contract of insurance comes into existence. In Lesotho the insurance
sector is regulated by the Insurance Act 18 of 1976. Although there are systems in place
regarding the regulation of the insurance industry, they are not adequate nor guarantee
effective protection of the clients. These measures are mainly focused on the relationship
between the Commissioner and the insurance advisors and not the relationship between
the insurance advisors and the clients. The ineffectiveness of the current regulatory
framework in Lesotho was exposed by the MKM situation in 2007 which showed that
clients in Lesotho are to a very large extent left unprotected against insurance advisors.
Even the proposed Insurance Bill of 2013 which was meant to address problems not
addressed by the Insurance Act, does not offer any assistance as it contains no provisions
on the protection of clients.
The problem with the legal framework in Lesotho is that does not address the most
important of protection of clients in their dealings with insurance advisors. This is also due
to the fact that there is only one regulator for all financial institutions and this places a very
burdensome duty on the Central Bank of Lesotho. In order to find solutions to this problem,
a comparative study based on literature was done between Lesotho and South Africa. This
is because South Africa on the other hand is more advance. The current legal framework
in South Africa ensures the protection of clients in their dealings with insurance advisors.
The non-banking institutions such as insurance advisors are regulated by the Financial
Services Board. There are systems in place in South Africa regulating the conduct of
insurance advisors towards clients. The Financial Advisory and Intermediary Services Act
is one of the measures in place meant to ensure that those who render advice are fit and
proper by requiring them, amongst others, to be in possession of relevant academic
qualifications and operational ability to dispose of their duties in terms of the Act. This is
different from the position in Lesotho where the only piece of legislation regulating the
insurance advisors is the Insurance Act. Furthermore, by virtue of section 2B of the
General Proclamation of 1884, the common law of South Africa is applicable in Lesotho so
it is important to examine the changes that South Africa has made to it common law on
which Lesotho mostly relies.
The results show that the clients in Lesotho are to a very large extent left unprotected
against insurance advisors as the current legal framework offers them no protection. The
legal framework in South Africa on the other hand affords clients more protection.
However, economic position of Lesotho it would not be ideal to take all measures
applicable in South Africa and apply them to Lesotho as they are. Based on these findings
recommendations made include that the Commissioner must engage in consumer
education to ensure that clients know about their rights in dealings with insurance
advisors. Another recommendation made is that the current legal framework be amended
to include provisions relating to the protection of clients. It is also recommended that the
Central Bank of Lesotho is well equipped to deal with matters relating to the protection of
clients. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015
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The legal protection of clients against insurance advisors in Lesotho and South Africa / Pontso Angelina MochesaneMochesane, Pontso Angelina January 2014 (has links)
The protection of clients in their dealings with insurance advisors is very important. This is
mainly because clients are not too knowledgeable about insurance products. This lack of
knowledge makes vulnerable to exploitation by insurance advisors. It is the duty of the
regulator of insurance to ensure adequate protection of clients in their dealings with
insurance advisors. However, this may not be easily attainable in a jurisdiction like Lesotho
where there is only one regulator for all financial institutions, the Central Bank of Lesotho.
This more so because insurance is very complex as there are different persons and
contracts involved. The client has to firstly deal with insurance advisors or intermediaries
before an actual contract of insurance comes into existence. In Lesotho the insurance
sector is regulated by the Insurance Act 18 of 1976. Although there are systems in place
regarding the regulation of the insurance industry, they are not adequate nor guarantee
effective protection of the clients. These measures are mainly focused on the relationship
between the Commissioner and the insurance advisors and not the relationship between
the insurance advisors and the clients. The ineffectiveness of the current regulatory
framework in Lesotho was exposed by the MKM situation in 2007 which showed that
clients in Lesotho are to a very large extent left unprotected against insurance advisors.
Even the proposed Insurance Bill of 2013 which was meant to address problems not
addressed by the Insurance Act, does not offer any assistance as it contains no provisions
on the protection of clients.
The problem with the legal framework in Lesotho is that does not address the most
important of protection of clients in their dealings with insurance advisors. This is also due
to the fact that there is only one regulator for all financial institutions and this places a very
burdensome duty on the Central Bank of Lesotho. In order to find solutions to this problem,
a comparative study based on literature was done between Lesotho and South Africa. This
is because South Africa on the other hand is more advance. The current legal framework
in South Africa ensures the protection of clients in their dealings with insurance advisors.
The non-banking institutions such as insurance advisors are regulated by the Financial
Services Board. There are systems in place in South Africa regulating the conduct of
insurance advisors towards clients. The Financial Advisory and Intermediary Services Act
is one of the measures in place meant to ensure that those who render advice are fit and
proper by requiring them, amongst others, to be in possession of relevant academic
qualifications and operational ability to dispose of their duties in terms of the Act. This is
different from the position in Lesotho where the only piece of legislation regulating the
insurance advisors is the Insurance Act. Furthermore, by virtue of section 2B of the
General Proclamation of 1884, the common law of South Africa is applicable in Lesotho so
it is important to examine the changes that South Africa has made to it common law on
which Lesotho mostly relies.
The results show that the clients in Lesotho are to a very large extent left unprotected
against insurance advisors as the current legal framework offers them no protection. The
legal framework in South Africa on the other hand affords clients more protection.
However, economic position of Lesotho it would not be ideal to take all measures
applicable in South Africa and apply them to Lesotho as they are. Based on these findings
recommendations made include that the Commissioner must engage in consumer
education to ensure that clients know about their rights in dealings with insurance
advisors. Another recommendation made is that the current legal framework be amended
to include provisions relating to the protection of clients. It is also recommended that the
Central Bank of Lesotho is well equipped to deal with matters relating to the protection of
clients. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015
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Könskillnader i återgång till idrott efter kirurgi av femuroacetabulärt impingment : En systematisk litteraturöversiktKallin, Hanna, Segolsson, Emilia January 2024 (has links)
Introduktion: Femuroacetabulärt impingement (FAI) är en vanlig diagnos inom idrotten som ofta kräver operation. Vid FAI uppvisar män mer strukturella avvikelser medan kvinnor skattar högre smärta. Viss tidigare forskning har rapporterat kvinnligt kön som riskfaktor för sämre utfall vid operation för FAI, medan annan forskning inte funnit några könsskillnader. Det tycks även råda olika definitioner kring det patientrapporterade utfallet återgång till idrott (RTS). Syfte: Syftet med denna systematiska litteraturöversikt var att kartlägga eventuella könsskillnader i återgång till idrott efter kirurgi hos idrottare med FAI. Metod: Litteratursökning utfördes på tre databaser; PubMed, Scopus och Web of Science. Söksträngen för samtliga databaser formulerades systematiskt utifrån syfte med stöd av PICO. Alla inkluderade studier var av designen kohort och publicerade mellan 2014 och 2024. Urvalet av artiklarma gjordes med stöd av PRISMAs flödesdiagram och granskades vidare med SBU:s granskningsmall för exponeringsstudier. Resultat: Litteraturöversikten inkluderade åtta studier. Resultatet visade att det inte tycks finnas skillnader mellan män och kvinnor gällande återgång till idrott efter operation för FAI. Däremot så påvisades skillnad i övriga pre- och postoperativa PRO. Män uppvisade högre poäng både pre- och postoperativt medan kvinnor uppvisade större förbättring. Konklusion: Resultatet av denna studie visade ingen signifikant skillnad i återgång till idrott mellan män och kvinnor. Däremot föreligger det skillnader i patientrapporterad smärta och funktion både pre- och postoperativt mellan könen. Uppföljningstid efter kirurgi av FAI ses också vara en påverkande faktor vid analys av utfall. Vidare utveckling och definition av återgång till idrott krävs för att tillgodogöra rättvisa analyser i framtidens forskning.
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The influence of FAIS and FICA on a medium sized life insurance company – Assupol LifeLaidlaw, Cristiaan Johannes 11 1900 (has links)
As a medium-sized life insurance company Assupol Life provide life insurance products to clients within government departments, although the company entered the broader private market. The enactment of the Financial Advisory and Intermediary Services Act, 2002 and the Financial Intelligence Centre Act, 2001 impacted financial service providers and the research analysed the influence of regulation on managerial decision making, marketing and sales, finance, human resources, training and the structures within the organisation to comply with the legislation.
The study endeavoured to determine the influence of regulation on the company and the measures implemented by the management of Assupol Life. The research results confirmed that the primary challenge faced by the company is to find a balance between compliance, managing human capital and creating value for shareholders. The major impact of the legislation involves the human resource- and training functions and the study illustrated that other influences was less severe. / Business Administration / M. Tech. (Business Administration)
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The influence of FAIS and FICA on a medium sized life insurance company – Assupol LifeLaidlaw, Cristiaan Johannes 11 1900 (has links)
As a medium-sized life insurance company Assupol Life provide life insurance products to clients within government departments, although the company entered the broader private market. The enactment of the Financial Advisory and Intermediary Services Act, 2002 and the Financial Intelligence Centre Act, 2001 impacted financial service providers and the research analysed the influence of regulation on managerial decision making, marketing and sales, finance, human resources, training and the structures within the organisation to comply with the legislation.
The study endeavoured to determine the influence of regulation on the company and the measures implemented by the management of Assupol Life. The research results confirmed that the primary challenge faced by the company is to find a balance between compliance, managing human capital and creating value for shareholders. The major impact of the legislation involves the human resource- and training functions and the study illustrated that other influences was less severe. / Business Administration / M. Tech. (Business Administration)
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