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Investment Indicators - 5 June 2017
In This Week's Newsletter
Rates Review
Investment Rates
Money Market Funds
Top 3 Rates
 
From the Crow's Nest
Three new Appeals against Ombud findings – Two property syndications cases and one short-term
 
Your Practice Made Perfect
AON Opts for Suitebox – Aon rolls out SuiteBox across Australian adviser network to provide improved client experience
Dubious Clause reinserted in Twin Peaks Bill – So-called “Gupta clause” is cause for concern
Old Mutual Hacked – Assurer moves swiftly to address the issue
Important Reminder - FSPs with a Financial Year end of 28 February have until the end of this month to submit their Financial Statements to the FSB.
 
Regulatory Examinations
Updated schedule
Frequently asked questions
 
Careers Platform
Are you hiring? Advertise your position on Moonstone’s Career Platform
Featured Positions
 
In Lighter Wyn
Mediese raad van die Weskus af, and Marcus Aurelius provides guidelines for modern South Africans
Paul Kruger 2016-10-31
Paul Kruger Author/Editor
 
 
 
 

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The right to be heard does not automatically include the right to be taken seriously - Hubert H Humphrey
 
Please connect with us: www.moonstone.co.za pkruger@moonstoneinfo.com or 021 883 8000

 
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Rates Review
Top 3 rates
 1. Secured Investment Rates
Please note that (G) indicates a Guaranteed and (L) a Linked product. In order to understand the difference between guaranteed and linked rates, kindly click here for an explanation.
 R 100 000
 
 
 
     
  Company This Week Last Week
1 Absa (L) 6.476% 6.557%
2 Assupol (G) 6.290% 6.260%
3 Old Mutual Wealth (L) 5.880% 6.000%
     
 R 1 000 000
     
     
  Company This Week Last Week
1 Assupol (G) 6.730% 6.690%
2 Old Mutual Wealth (L) 6.580% 6.700%
3 Clientéle Life (G) 6.560% 6.700%
     
 2. Money Market Funds
  Company This Week Last Week
1 Absa 8.350% 7.780%
2 Prescient 8.110% 8.190%
3 Coronation 8.100% 8.180%
3 Allan Gray 8.100% 8.080%
Please bear in mind that our figures, though based on the actual quotations that you also use, are for information purposes only, and can never replace the official quotation from the product house. In terms of the guarantees, you are requested to clarify the exact extent of such guarantees with the product house prior to advising clients.
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From the Crow's Nest
From the Crow's Nest
Three new Appeals against Ombud findings
The latest hearings schedule of the FSB Appeal board contains details of three appeals against decisions made by the FAIS Ombud in 2016 which are to be heard in June 2017.

The Wallace determination 24 June 2016

A representative of Momentum referred a client to a broker who invested the client’s funds in a Sharemax scheme.

The Ombud found that, the representative’s advice to invest in Sharemax was not in itself authorised by Momentum and it does amount to a deviation from his contract of employment. However this does not absolve Momentum from liability as the representative’s conduct was reasonably incidental to his work with Momentum.

The Ombud held Momentum, the representative and the broker jointly and severally liable to pay back the complainant’s capital in the amount of R730 000.

The following is excerpted from the actual Ombud determination:

“Momentum refer(sic) to a written contract between itself and Marais (the representative) and point(sic) out that Marais was prohibited from promoting and selling financial products not approved by themselves. Sharemax was not approved by Momentum. Momentum deny(sic) any liability for the consequences of their employee’s conduct in this transaction.”

Momentum, in its response to the complaint, stated that their advisor was not licensed to give advice on the Sharemax product and therefore the Ombus should rule that he could not give any advice in respect of Sharemax. The duty to disclose risk and to keep a record of advice resided with Storm (the broker) and not with Momentum or its representative. Momentum also submitted that their representative did not act outside the ambit of the Act and Code.

Click here to read the full determination.

Phoshera determination

The complaint was dismissed, but the client, an advocate, appealed to the Board against the Ombud’s finding.

A claim was rejected because the vehicle, which was written off in an accident, was not roadworthy. The tyres were worn and this was “material to the cause of the loss”.

The complainant was aggrieved as it appears that MUA changed the insurer from Compass to Auto and General without notice to him. He states that he specifically did not want to have anything to do with Auto and General due to the latter’s “bad record for repudiating claims”. He states in no uncertain terms that if he was informed about the change of insurer, he would not have agreed to contract with Auto and General and would have chosen a different insurer to undertake the risk.

The respondents pointed out that, although the insurer was changed, the terms and conditions of complainant’s contract remained the same.

The Ombud was also of the opinion that no other insurer would have paid the claim, given the fact that the vehicle was not roadworthy.

Click here to download the full determination.

Prigge determination

This complaint involved an investment in Picvest.

“The basis of complainant’s claim against respondent is the latter’s failure to render financial services in line with the FAIS Act and the General Code of Conduct (the Code), which includes respondent’s failure to appropriately advise complainant and disclose the risk involved in the HS 22 investment.”

The respondent, in turn, provided a vast amount of evidence that it had, in fact, complied with all legal requirements.

The Ombud found that, in advising the complainant to invest in HS 22, the respondent contravened sections 2, 7 (1) and (2) and 8 (1) and (2) of the Code, and ordered him to refund the client’s investment of R500 000 plus interest from seven days after the determination.

Click here to read the full determination.

The outcomes of these appeals will be very interesting. We will keep readers informed when it is published.
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Your Practice Made Perfect
Your Practice
AON Opts for Suitebox
Global professional services firm Aon collaborated with global software provider SuiteBox to roll out its digital workspace technology to its Australian adviser network, to streamline their advice process and provide improved client experience.

“Aon has had a client first philosophy for some time now. Leveraging technology such as SuiteBox’s video conferencing platform is the next logical step in improving the client experience. It also increases the effectiveness and efficiencies for our advisers’ practices,” said Jayson Walker, Aon’s General Manager of Financial Advice.

“A key innovation from SuiteBox was the integration of the digital signatures into the video conference itself. To have an adviser be able to digitally present a Statement of Advice and capture the Authority to Proceed in the same session is the kind of easy and simple process consumers have come to expect,” he added.

Aon has over 200 advisers across its Australian network who will have access to SuiteBox’s video, collaboration, and digital signature tools.

Ian Dunbar, CEO of SuiteBox, commented: ‘Aon undertook a comprehensive review of functionality, risk and suitability, and I am very proud that SuiteBox was selected by Aon to deliver a comprehensive digital workspace to their advisers and clients’.

“From inception, SuiteBox has always understood the importance of the ability to not only meet, but also collaborate on documents and transact business all in one digital solution. This combination puts SuiteBox at the leading edge of digital workflows for professional services. The adoption of SuiteBox by Aon is a true endorsement of this strategy”.

Over 800 companies globally use SuiteBox’s digital workspace. The company is experiencing rapid expansion, given the growing popularity of video conferencing in business and the engagement it offers with clients.
 
Moonstone acquired the South African distribution rights. For more information please contact Neil Summers at neil@suitebox.com or phone him on +27 72 908 8994.
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Dubious Clause reinserted in Twin Peaks Bill
LegalBrief Today reports:

The DA has raised a concern over the inclusion of a clause in the Financial Sector Regulation Bill (FSRB) – also known as Twin Peaks – that will allow the body that deals with the closure of bank accounts to set specific standards for doing so, notes a Fin24 report. ‘I’m intrigued by the fact that the so-called 'Gupta clause' which would allow the Financial Sector Conduct Authority to set standards in the closure of bank accounts has now been reinserted into the Bill by the National Treasury in the National Council of Provinces (NCOP) phase,’ DA finance spokesperson David Maynier is quoted as saying.

The Bill makes provision for a so-called Twin Peaks model of financial regulation. On the one hand the SA Reserve Bank will be responsible for regulating all financial institutions – banks, insurance houses and the asset management sector. On the other, financial conduct will be governed by a new entity, called the Financial Sector Conduct Authority, which will replace the current Financial Services Board.
 
In the amended version of the Bill, the Financial Sector Conduct Authority will have the powers to set ‘conduct standards’ for the refusal, withdrawal or closure of a financial product or a financial institution. This includes bank accounts.
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Old Mutual Hacked
Last week was not a good one for the 172-year old Assurer.

News of a rather embarrassing Ombud determination was followed by the news that unauthorised access was gained to some of its client data.

“Old Mutual detected unauthorised entry to one of our systems, which has led to some personal customer information being accessed.”

“We moved swiftly to close access to the targeted system. Our control processes kicked in to safeguard customer portfolios and we can confirm that no customers incurred any financial loss.”

“No transactional details, credit card information, banking details, medical information or passwords were accessed. Immediate steps were taken to further tighten our security, and our systems and surveillance remain on high alert.”

“We would like to sincerely apologise for any concern this may raise with our customers. We view this case in a very serious light – one customer is one too many. We assure you we are conducting stringent reviews to ensure that no incident of this nature is repeated.”

Whilst the assurer pointed out that the affected clients constituted “less than 0.5%” of its clients, the actual number of 30 000 is a concern.

One client that we spoke to advised that he was contacted telephonically by someone claiming to be from Old Mutual Audit.

Old Mutual contacted all clients, as well as brokers whose clients were affected. It also provided the following assistance to affected parties:
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Regulatory Examinations
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2017 Schedule updated
Our venues are filling up fast as we approach 30 June 2017. Candidates who are obliged to write and pass by the end of June must please register in time.
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Frequently Asked RE Questions
You can click on this link to see the answers to the most common questions we receive and links to the correct preparation material.


Email enquiries should be addressed to faisexam@moonstoneinfo.co.za. You can phone us on 021 883 8000 - select option 2 to speak to one of our consultants.

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Careers Platform
Are you hiring? Advertise your position on Moonstone’s Career Platform
Careers Platform Packages

•   The Moonstone website - www.moonstone.co.za - enjoys an average of 15 000 visits and approximately 39 000 page views per month.
Moonstone boasts an exclusive newsletter mailing list of over 46000 dedicated financial decision makers who receive 2 newsletters per week.
Our audience is relevant and industry specific: individual and corporate advisors and brokers in the following financial sectors: iInvestment, Risk, Healthcare, Banking, Retirement, and Insurance.


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Featured Positions
  • Financial Planners: Risk Free Solutions, Port Elizabeth & Kimberley - We are looking for established, well balanced Financial Planners striving for financial freedom. If you have matric, your own transport, driver’s licence and RE qualificaton, then Read More

  • Short Term Insurance Underwriter: The Insurance Centre, Westville - We require a commercial and personal lines short term insurance underwriter / administrator. Read More

  • Short Term Commercial Representatives: I AM SURE Financial Services, Pretoria - We require a qualified and experienced Commercial Short-term Insurance Representative/Senior Marketer to maintain and grow our existing book. Read More

  • Branch Manager Short Term Commercial & Hospitality Insurance: HIC Underwriting Managers, Port Elizabeth - We require a young dynamic leader with a minimum of 10 years commercial insurance experience. Read More

  • Financial Administrator: Sapcor Brokers, Pretoria East - We need a person to compile bordereaux’s for Insurers, commission statements to 3rd parties and other general financial duties. Read More

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In Lighter Wyn
In Lighter Wyn
Mediese raad van die Weskus af
Verlede week gesels ek per epos met ‘n ou vriend op Vredenburg oor die swaar straf wat vier perlemoensmokkelaars opgelê is.

Hy antwoord:

Ek het 2 weke terug ligte terugslag gehad maar is nou reg. Vermoedelik was dit ‘n bloedklont as gevolg van hartkloppings wat ek gereeld kry van te veel drank en kos.
 
Toe besluit ek maar om minder te eet.


Marcus Aurelius Advice For modern South Africans


If you are distressed by anything external, the pain is not due to the thing itself, but to your estimate of it; and this you have the power to revoke at any moment.

Never esteem anything as of advantage to you that will make you break your word or lose your self-respect.

Look well into thyself; there is a source of strength which will always spring up if thou wilt always look there.

Never let the future disturb you. You will meet it, if you have to, with the same weapons of reason which today arm you against the present.

The happiness of your life depends upon the quality of your thoughts, therefore guard accordingly; and take care that you entertain no notions unsuitable to virtue, and reasonable nature.

Nothing happens to anything which that thing is not made by nature to bear.

Waste no more time talking about great souls and how they should be. Become one yourself.

How much time he saves who does not look to see what his neighbor says or does or thinks.

You will find rest from vain fancies if you perform every act in life as though it were your last.
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