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A few surprises from the May regulatory exam update

31 May 2012 | | Gareth Stokes

The Financial Services Board (FSB) media relations department is working overtime to inform the industry of progress towards the looming Regulatory Examination (RE) deadlines. On 12 April 2012 they issued a media release with exam statistics complete to 1

In this communiqué the FSB reminded financial advisors to register for their examinations at least 10 working days before the 30 June deadline. (The examination bodies require 10 days between exam registration and the exam date). You will therefore have to book your seat by no later than 15 June. “For the RE 1 and RE 5 examinations there are less than five weeks remaining to the deadline,” they warn. We doubt there are any key individuals or representatives in the domestic financial advice space who are not aware of the requirement to sit the examinations. But there is still plenty of confusion as to how many advisors have yet to comply (more on that in a moment).

Setting the facts straight

Aside from the updated statistics and deadline reminder, the FSB also issued a 26 April communication in which it castigated the press for inaccurate reporting on the number of available examination slots and exam pass rates among others. This communication concludes with the following plea: “The FSB urges those in the media to verify their facts before publishing information that may mislead financial service providers and the general public.” This plea is rather rich given the disparities between the FSB’s own RE statistics, published 12 April and 22 May this year.

A FAnews Online reader drew our attention to the alarming FSB statement that 42% of the country’s 107 734 industry representatives only joined the industry after 1 July 2010. (Those who joined the industry after this date are exempted from the 30 June RE deadline – and have two years from date of joining to comply). Is it possible that four in 10 of the current representative force has less than two years industry experience? Was there a massive spate of resignations and re-hires over the past two to three years? And – against the backdrop of cost-cutting by the likes of Absa and Standard Bank – have financial services firm really employed this many new agents over the period? The massive spike in “new hires” contradicts those who believe that the industry – most notably the independent financial advice segment – is shrinking. What is going on?

Inconsistent results reporting

The FSB publishes a “catch all” disclaimer with its FAIS Circular 7/2012, by noting: “Subsequent [to the 12 April publication] the statistics have been refined further and more detail can be provided regarding the current status of the Level 1 Regulatory Examinations.” We cannot see how this disclaimer – or the fact the figures no longer include key individuals and representatives “linked to foreign FSPs” or category 1.1 and 1.19 FSPs – can explain away the difference between April’s and May’s statistics.

In April the FSB told us that 63 368 representatives had sat RE 5, but by May only 51 790 had done so… Likewise, the 41 318 RE 5 candidates reported to have passed the exam by 12 April 2012, has shrunk to just 35 646. These are major discrepancies! “Imagine the consequences were an FSP to publish similar wildly varying statistics relating to their product performance,” opines our reader.

The FSB has once again presenting the statistics with a degree of positive spin. “78.04% of the key individuals that must write RE 1 have already written the examination,” they trumpet. That’s good news except that the industry should not concern itself with how many individuals have written the exam, but rather how many have passed. A closer analysis shows that only 58% (7383 of 12645) key individuals have passed RE 1 to date (22 May).

Likewise the FSB mentions that 82.42% of representatives have sat the RE 5 exam, when they should be lamenting the mere 56.73% (35646 of 62835) who have passed it. The situation is even gloomier if we reintroduce the so-called new entrants. The FSB claim that only (sic) 25.69% of representatives need to sit re-writes by 30 September – and that a mere 17.58% have not sat the exam at least once – is overshadowed by the following reality: A staggering 51.92% (55 944 of 107 734) of South Africa’s representatives have not yet attempted the exam.

Will the industry meet the RE deadline?

Is the industry on track to meet the regulator’s 30 June deadline? If the latest FSB statistics are an accurate reflection of the situation we could be cutting things rather fine. By the FSB’s figures, only 718 key individuals sat the exam between 11 April and 22 May this year – and it seems unlikely that triple this number will report to an exam hall over the next month. A similar situation holds for representatives, where 11 045 (excluding new entrants) must still sit the exam before deadline.

The capacity is in place – with the FSB claiming the various examination bodies can conduct 56 000 examination per month – so the only question is whether those who have not yet stepped up to the plate intend doing so!

Editor’s thoughts: What will happen on 1 July 2012? Any decision by the FSB to “yank” the licenses of those who have not completed RE could be chaotic… But that is the censure promised! Do you expect tough action from the FSB immediately after the RE deadline? Add your comment below, or send it to gareth@fanews.co.za

Comments

Added by Blinkers Pete, 05 Jun 2012
Just received levy letter. Mentioned increase of 8 to 10% Last year paid R3360 this year over R4,000. More like 20 to 25%. The whipping boys(the broker) gets whipped again.
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Added by Zarrick, 02 Jun 2012
One good thing is that I now know the Act and the GCOC. I will now be giving factual advice only, which according to the Act does not constitute advice. The moral of the story is cover your ass and get your paperwork right so that the FSB and the Ombud can't nail you. The FSB, just like the NHBRC, is just another unproductive Gov attempt at job creation that is draining on the economy. It can be expected from this k*kistocracy. The definition of Regulatory body in SA should read: A Gov initiative by a few to financially drain many, with benefit to anyone being purely coincidental, but not intended. In any business or organisation the values and characteristics are taken from the leader. Well what do we have from this leader...mmm let's see. He is a criminal that manipulated the justice system. He is friends with convicted criminals. He is a polygamist, which there still is a law against. I wonder why he isn't locked up for that? He believes that you wont get AIDS if you have a shower afterwards. Indeed a Shining example for the rest of us. Let's measure the president against the criteria for a FSP shall we! HONESTY - NOPE, can't tick that box!!!... INTEGRITY - NOPE can't tick that box either!!! ..... So that means our president can't even apply for the position of a rep!!! AND HE IS PRESIDENT!!! I move for the scrapping of H&I requirements as per the FAIS Act as it would be unfair to impose such stringent and onerous requirements on anyone when our own President cannot even comply! I wonder if this was applied to his cabinet what the outcome will be. The exams.. they just helped to provide just a little more clarity!
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Added by Dollie, 31 May 2012
Gareth EK Sê NOG ALTYD DIT IS 'N KLOMP KAK.
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Added by Ernst, 31 May 2012
Jou artikel is baie netjies saamgevat. Ek sal ook graag wil weet wat gaan die FSB doen indien my makelary so deurmekaar is soos hulle. Wat my moeg en bekommerd maak is dat ons gereguleer word deur onbevoegdes en ons betaal daarvoor.
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Added by Grumpy, 31 May 2012
Dollie ek stem 100% saam met jou. I do not have the guts to face all the nonsense the FSB has thrown our way (I haven't experienced anything positive to date), let alone what still lies ahead... After 24 years in the industry, comes end of June I am outta here...
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Added by AndreK, 31 May 2012
We are grossly being mislead by the said institution that prohibits us from any such thing. Too late to query them now, THEY ARE DESTROYING THE LIVELY-HOODS OF THOUSANDS OF INTERMEDIARY'S AND ALL THEIR CUSTOMERS. The FSB simply prohibits the insurance companies to pay out commission, otherwise they may loose their licenses...its simply a matter of economics to these companies, and remember, they are in the same bed, although they will deny it . Such a pity, the learned ones could not work out what would happen in real life with all their ambitious plans to protect customers and establish a provisional core of intermediary's. NOT POSSIBLE AT PRESENT
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Added by Broker 0f 42 years, 31 May 2012
The FSB is between a rock and a hard place. Extending will display them as a "toothless wonder" - and make any further dates or deadlines a joke. Not extending could result in hundreds (thousands) of staff being unable to operate, tens of thousands of clients being unable to use their Broker, and having to deal through a new Intermediary. Brokerage houses could grind to a halt, and some departments in Insurers could find themselves unable to keep up with volumes of work. FSB Fees will plunge with the drop off in numbers of personnel. BUT - I believe there will be strong action. Licences will be pulled. Then, under heavy pressure from the Industry, they will "reluctantly" extend for a few months to give the remainder a chance - and enable the Industry to operate!
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Added by Pispot., 31 May 2012
Ja swaer wat sal ons se? Dit het baie tyd en gedult saam met motivering gekos om die eksamens te doen.Intussen is dit nog Milpark eksamens ens.. Ek het dit geslaag en dis verby. Die ander in my kantoor het dit ook gedoen en geslaag. Die atmosfeer in die kantoor is terug na normaal ,en oor die algemeen delete ons enige RE mails nog voor ons dit oopmaak. Sterkte vir die wat nog moet deurkom dis lastiger as ou JuJu , maar hom kon ons darem van ontslae raak. Pispot
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Added by Tired of procrasternators, 31 May 2012
How to stop procrasternating: 1. Stop worrying about how many people still need to write the exam etc. 2. Let the FSB and the examination bodies worry whether they can accommodate the required sessions. 3. Focus on your own preparation and for heavens sake, just DO IT. 4. The result will only boost your confidence and employability!! Good luck!
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Added by FSP2, 31 May 2012
How saintly does Dube Tshidi appear in this article? It's all a sham. Tshidi uses the authority of his office (and that of the FSB) to intimidate, and to threaten and persecute - all in the cause of generating income and fees for his chosen curators. How come Tshidi allows certain curators to continue their appointment even after they have repeatedly failed to submit and file regular reports (as required by law)? How come Tshidi committed perjury, more than once,whilst under oath, in a particular criminal trial? Tshidi speaks about speeding up the legal process. How come the FSB (and the state) continually request delays (in certain cases for as long as a year) in criminal matters? How come the FSB, which is under Tshidi's management, applies no controls over vast sums of money collected in the Pension Funds matters, thus allowing the curator to make even more in legal fees than what he plans to distribute to the pensioners? How come the FSB failed to act - at the time that they became aware of the malfeasance in the Trilinear/Canyon Springs debacle? Why did the FSB not act on the original tip offs? Considering that the FSB's purpose is to protect pensioners' funds, shouldn't someone be taken to task in this matter. Revoking Trilinear's license recently was at least 2 years too late and facilitated the squandering of an additional R 450 million of pensioners' money. (have a look at the article “Financial Board knew of plundering” from an FSB newsletter found on the FSB website? COULD THIS NOT BE WHERE THE PROBLEM LIES ? The fact that Tshidi has been re-appointed shows the entrenchment of the organisational corruption within the FSB and this should be further investigated. It probably won't be investigated due to those who would be exposed by the investigation, but that is the reason that this matter needs further investigation. It is quite mystifying why Chris Barron (a normally well-repected journalist) would submit such a "whitewash" article and not ask the more challenging questions for which he is well-known. After all, there has been sufficient media controversy surrounding Tshidi (and his colleagues at the FSB) for Barron to have asked at least a few pointed questions, rather than write a PR "puff" article about Tshidi.
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Added by PP, 31 May 2012
It might be a good idee for our friends alongside the N1to apoint themselves a good Administrator. They can then also apply regulatory controls for such an Administrator
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Added by Dion, 31 May 2012
I have now written and passed both KI and Rep RE exams. Thank goodness. Locally there are numerous people who have written and failed the exam on more than two occasions. If they dont pass by September does that mean that they are then unemployed. Would dismissing and employee on the grounds that they havent passed the exam be legally enforceable where there were no exams in prospect at the time of their employment ? I also have a problem with Key Individuals and Sole Proprietors having to write both exams. Having done so myself I could find no justification for the second exam. The subject material in exactly the same in both cases and even the questions were in most cases similar. There was even a duplication of the same questions in the two exams. If you have prepared well and passed the KI exam there is no justifyable reason for now having to go back and write the Rep exam. This is a money making scam that has cost the Industry a fortune and has targeted again the small FSP and Sole Proprietor - the people that can least afford the enormous costs of this type of regulation.
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Added by Brinkie, 31 May 2012
For me the whole process was developed to make sure that us brokers do not treat clients as numbers and to make sure that there will be no prejudice against clients and that a client will not suffer any financial harm. The FSB is regulating the insurance system in favour of the client and according to the law put in place. What will happen if a broker is suspended/debarred? The client will suffer because he will not have a broker to attend to his daily queries and there will be no assistance. A client will not be happy to deal with someone unknown to him. Unless a broker was in the wrong otherwise and should be suspended/debarred, the deadline for exams should be extended. Give a broker who has not passed the necessary examsa a deadline and fine him accordingly. It is a money making business anyway. "A R1000 fine for not submitting your financial statements in time"!!!!
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Added by Delia, 31 May 2012
I totally agree that the KI and rep exams overlapped and us sole props were unfairly penalised. Having just written both exams this passed month and surprisingly passed both, the amount of time and finacial input spent was a financial drain on my small practice. Good luck to those who have yet to write.
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Added by mauro, 31 May 2012
the FSB just forgot who is paying his fees. Us the IFA. I have written and passed. What a waste of time and money! anyway soon they will found out the about 50% of the PAYING fees of IFA will drop because most of IFA will leave the industry. Quick explanation why: i spend about 40% of my time on been compliant...plus they are talking to cancel our commission and put us down on fees only....that is why 50% of us will leave. Then the FSB will also start retrenachements because their fees will drop by 50%! that will be the equivalent of a good gunshot in your own foot! PS i have been in the industry for 30 years...
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Added by Spear, 31 May 2012
To answer your question: No, I do not expect tough action. The FSB has clay feet. So has the FAIS Ombud. Advisors are found guilty as charged but then appeal and clients still remain with-out the money they lost for a long time.
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A few surprises from the May regulatory exam update
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