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

Codes of Conduct

Specific Code of Conduct for Authorised Financial Services Providers and Representatives conducting Short-Term Deposit Business, 2004

Part I : Introductory Provisions

1. Definitions

 

In this Code “the Act” means the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 20021, a word or expression to which a meaning has been assigned in the Act shall have that meaning, and, unless the context indicates otherwise—

 

“advertisement”,

has the meaning assigned to it in section 1(1) of the General Code;

[Definition substituted by section 2(a) of Schedule B of the Amendment of the Specific Code of Conduct for Authorised Financial Services Providers and Representatives conducting Short-term Deposits Business, 2020, Notice No. 706, GG43474, dated 26 June 2020 - effective 6 months after the effective date of the Amendment of the General Code of Conduct for Authorised FSPs and Representatives, 2020]

 

“client”

means a client in respect of short-term deposit business;

 

“deposit”

means a financial product referred to in the definition of “short-term deposit business”;

 

"General Code"

means the General Code of Conduct for Authorised Financial Services Providers and Representatives, 2003, published in Board Notice No. 80 of 2003, as amended.

[Definition inserted by section 2(b) of Schedule B of the Amendment of the Specific Code of Conduct for Authorised Financial Services Providers and Representatives conducting Short-term Deposits Business, 2020, Notice No. 706, GG43474, dated 26 June 2020 - effective 6 months after the effective date of the Amendment of the General Code of Conduct for Authorised FSPs and Representatives, 2020]

 

“provider”

means an authorised financial services provider which is a bank as defined in the Banks Act, 1990 (Act No. 94 of 1990), or a mutual bank as defined in the Mutual Banks Act, 1993 (Act No. 124 of 1993), conducting short-term deposit business and includes, where appropriate, any representative of the provider;

 

“short-term deposit business”,

in respect of a provider, means the rendering of a financial service in respect of a deposit referred to in paragraph (f) of the definition of “financial product” in section 1(1) of the Act, with a term not exceeding 12 months;

 

“transaction requirement"

means any application, proposal, order, instruction or other contractual information required to be completed for, or submitted to, a provider by or on behalf of a client, relating to the investment in any deposit, including any amendment or variation thereof;

 

“writing”

includes communication by telefax or any appropriate electronic medium which is accurately and readily reducible to written or printed form; and “written” has a corresponding meaning.