Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002)

Chapter III : Representatives of authorised Financial Services Providers

14. Debarment of representatives

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1)An authorised financial services provider must ensure that any representative of the provider who no longer complies with the requirements referred to in section 13(2)(a), or has contravened or failed to comply with any provision of this Act in a material manner, is prohibited by such provider from rendering any new financial service by withdrawing any authority to act on behalf of the provider, and that the representative's name, and the names of the key individuals of the representative, are removed from the register referred to in section 13(3): Provided that any such provider must immediately take steps to ensure that the debarment does not prejudice the interests of clients of the representative, and that any unconcluded business of the representative is properly concluded.

 

2)For the purposes of the imposition of a prohibition contemplated in subsection (1), the authorised financial services provider must have regard to information regarding the conduct of the representative as provided by the registrar, the Ombud or any other interested person.

 

3)

a)The authorised financial services provider must within a period of 15 days after the removal of the names of a representative and key individuals from the register as contemplated in subsection (1), inform the registrar in writing thereof and provide the registrar with the reasons for the debarment in such format as the registrar may require.

b)The Registrar may make known any such debarment and the reasons therefore by notice on the official web site or by means of any other appropriate public media.

[Paragraph (b) amended by section 187 of Act No. 45 of 2013]