1 Financial Services Board Regulatory Examinations October/ November 2011.

33
1 Financial Services Board Regulatory Examinations October/ November 2011

Transcript of 1 Financial Services Board Regulatory Examinations October/ November 2011.

Page 1: 1 Financial Services Board Regulatory Examinations October/ November 2011.

1

Financial Services Board

Regulatory Examinations

October/ November 2011

Page 2: 1 Financial Services Board Regulatory Examinations October/ November 2011.

2

Regulatory ExaminationsRegulatory Examinations

Page 3: 1 Financial Services Board Regulatory Examinations October/ November 2011.

3

Regulatory ExaminationsRegulatory Examinations

Determination of Fit and

ProperHonesty and Integrity

Competency

Operational Ability

Financial Soundness

Continuous Professional Development

(CPD)

Operational Ability

Page 4: 1 Financial Services Board Regulatory Examinations October/ November 2011.

4

Regulatory ExaminationsRegulatory 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

5

• 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. CompetencyQualification vs. Competency

Page 6: 1 Financial Services Board Regulatory Examinations October/ November 2011.

6

How are the REs constructed?How are the REs constructed?

Page 7: 1 Financial Services Board Regulatory Examinations October/ November 2011.

7

Regulatory ExaminationsRegulatory 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

8

Regulatory ExaminationsRegulatory 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

9

RE StructureRE Structure

Representatives(50 Questions)[Weighting 4 ]

FSP II & IIAExam (30) [3]

FSP 1.1 & 1.19General Exam (50) [2]

FSP IIIExam (30) [3]

FSP I & IV, II, IIA & IIIGeneral Exam (80) [1]

1

2

Long Term

Cat A

Long Term

Cat B

Long Term

Cat C

Short T

erm P

ersonal

Short T

erm C

omm

ercial

Retail P

ension Benefits

Pension F

und Benefits

Collective Investm

ent Schem

e

Securities &

Instruments (x6)

Friendly S

ociety Benefits

FSP 1.1 & 1.19Level 2 (30) [2]

Assistance B

usiness FS

P

Forex Investm

ent Business

Health S

ervices Benefits

Long & S

hort Term

Deposits

Page 10: 1 Financial Services Board Regulatory Examinations October/ November 2011.

10

Bloom’s TaxonomyBloom’s Taxonomy

Level 4

Level 3

Level 2

Level 1

Question Levels

Page 11: 1 Financial Services Board Regulatory Examinations October/ November 2011.

11

Question paper layoutQuestion 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

12

Question paper formatQuestion 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 13: 1 Financial Services Board Regulatory Examinations October/ November 2011.

13

Question weightingsQuestion 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

14

Regulatory ExaminationsRegulatory Examinations

Closed book examination; Pass mark 65% or 66%

Page 15: 1 Financial Services Board Regulatory Examinations October/ November 2011.

15

ConsistencyConsistency

QuestionQuestionData BankData Bank

ExaminationExaminationBodiesBodies

IndividualIndividualExaminationsExaminations

Page 16: 1 Financial Services Board Regulatory Examinations October/ November 2011.

16

Preparing for the examinationPreparing for the examination

Page 17: 1 Financial Services Board Regulatory Examinations October/ November 2011.

17

What will be assessed?What will be assessed?

Qualifying Criteria published in Board Notice 105 of 2008 (15 October 2008)

Page 18: 1 Financial Services Board Regulatory Examinations October/ November 2011.

18

Training MaterialTraining Material

© INSETASECTION 4 10h

Page 19: 1 Financial Services Board Regulatory Examinations October/ November 2011.

19

Training materialTraining material

Page 20: 1 Financial Services Board Regulatory Examinations October/ November 2011.

20

Preparation for the Level 1 REsPreparation 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

21

Mapping the REMapping 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

22

RE 1: Key individualRE 1: Key individual

Task Task Name1 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

23

RE 1: Key individualRE 1: Key individual

Task Task Name9 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 conditions11 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

24

RE 1: Key individualRE 1: Key individual

Regulatory Examination - Key IndividualsQualifying 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

25

RE 5: RepresentativeRE 5: Representative

Task Task Name1 Execute the required actions as a Representative, in

terms ofthe 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

26

Regulatory examinationsRegulatory examinations

Regulatory Examination - RepresentativesQualifying Criteria per Task (69)

0%

5%

10%

15%

20%

25%

30%

01 02 03 04 05 06 07 08

Page 27: 1 Financial Services Board Regulatory Examinations October/ November 2011.

27

Regulatory examination formatRegulatory examination format

“the examination will be a closed book closed book set of multiple choice 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

28

Question paper formatQuestion 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

29

Completing answer sheetsCompleting 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

30

Completing answer sheetsCompleting answer sheets

Page 31: 1 Financial Services Board Regulatory Examinations October/ November 2011.

31

Appeals and Re-marksAppeals 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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

32

FAQFAQ

• “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: 1 Financial Services Board Regulatory Examinations October/ November 2011.

33

Regulatory ExaminationsRegulatory Examinations

WE WISH YOU SUCCESS!