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

Chapter VI : Enforcement

Part 2 : Other enforcement measures

38C. Directives


(1) The registrar may, in order to ensure compliance with or to prevent a contravention of this Act, issue a directive to any person or persons to whom the provisions of this Act apply.


(2) A directive issued in terms of subsection (1) may—
(a) apply generally; or
(b) be limited in its application to a particular person or category of persons.


(3) A directive issued in terms of subsection (1) takes effect on the date determined by the registrar in the directive.


(4) In the event of a departure from section 3(2) or 4(1), (2) or (3) of the Promotion of Administrative Justice Act (Act No. 3 of 2000), the directive must include a statement to that effect and the reasons for such departure.


(5) The registrar must, where a directive is issued to ensure the protection of the public in general, publish the directive on the official web site and any other media that the registrar deems appropriate, in order to ensure that the public may easily and reliably access the directive.


[Section 38C inserted by section 201 of Act No. 45 of 2013]