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

Board Notices

Amendment on Qualifications, Experience and Criteria for the Approval as a Compliance Officer, 2015

Part  III

3. Criteria for Phase I approval

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(1)An applicant must—
(a)hold a qualification on the list of recognised compliance qualifications;
(b)have passed the regulatory examination;
(c)have at least three years' experience in performing a compliance or risk management function;
(d)comply with the same requirements determined by the Registrar under section 8(1)(a) or the Act in respect of personal character qualities of honesty and integrity;
(e)have at least one year's experience in performing a compliance or risk management function in respect of the specific category of providers the applicant seeks to obtain approval to render compliance services;
(f)not be an unrehabilitated insolvent, have entered into a compromise with creditors or have been provisionally sequestrated or liquidated; and
(g)have adequate access to communication facilities, including at least a telephone or cell phone service and typing and document duplication facilities.

 

(2)A person applying for approval as an external compliance officer must—
(a)have a fixed business address;
(b)maintain the operational ability to render compliance services efficiently, including—
(i)adequate storage and filing systems for the safe—keeping of records, business communications and correspondence;
(ii)control structures, processes and procedures with reference to—
(aa)segregation of duties where such segregation is appropriate from an operational risk mitigation perspective;
(bb)control of access to the premises;
(cc)access rights and data security on electronic data;
(dd)physical security of the compliance officer's records;
(ee)business policies and controls;
(ff)system application testing;
(gg)disaster recovery and back-up procedures on electronic data;
(hh)a business continuity plan.

 

(3)Individuals referred to in paragraph 2(2)(a) must—
(a)comply with the same requirements determined by the Registrar under section 8(1)(a) of the Act in respect of personal character qualities of honesty and integrity;
(b)not be an unrehabilitated insolvent, have entered into a compromise with creditors or have been provisionally sequestrated or liquidated.