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Investment Indicators - 3 July 2017
In This Week's Newsletter
Rates Review
Investment Rates
Money Market Funds
Top 3 Rates
 
From the Crow's Nest
FSB Appeal Board Clarifies Factual Causation – Importance of determining actual cause of client’s loss
 
Your Practice Made Perfect
1Life Guaranteed Future Value Investment – New product added to our range of secured investments
REs for Compliance Officers – Registered compliance officers need to heed these deadlines
NHI White Paper – Document evokes conflicting reaction from commentators
 
Regulatory Examinations
Updated schedule
Self-Help Guidelines to make a booking, download your certificate or view results
 
Careers Platform
Are you hiring? Advertise your position on Moonstone’s Career Platform
Featured Positions
 
In Lighter Wyn
Meaningful insights from pictures…
Paul Kruger 2016-10-31
Paul Kruger Author/Editor
 
 
 
 

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Middle age is when your broad mind and narrow waist begin to change places - E. Joseph Cossman
 
Please connect with us: www.moonstone.co.za pkruger@moonstoneinfo.com or 021 883 8000

 
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GTC banner 2017-06-22
GTC Medical Aid Survey 2017 reveals small medical aids also offer good value
Smaller medical schemes perform well by offering consumers value for money, but they have not been as successful as some of the larger schemes in attracting new members.

This is one of the significant conclusions from leading wealth and financial advisory firm GTC in its seventh annual Medical Aid Survey (MAS) for 2017.

The Medical Aid Survey analyses and rates medical aid schemes and provides a standardised comparison and ranking of the choices available to consumers.

This year’s survey reviewed 23 open medical aid providers, with a total of 144 plans, which were categorised into 11 areas according to benefits offered.

Click here to read the article, or download the
2017 MAS pdf.

For more information contact
Jill Larkan.
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 1Life (L) 7.060%    -
2 Absa (L) 6.707% 6.462%
3 Assupol (G) 6.340% 6.150%
     
 R 1 000 000
     
     
  Company This Week Last Week
1 1Life (L) 7.060%    -
2 Assupol (G) 6.770% 6.580%
3 Absa (L) 6.707% 6.462%
     
 2. Money Market Funds
  Company This Week Last Week
1 Prescient 8.180% 8.280%
2 Allan Gray 8.110% 8.100%
3 Cadiz 8.010% 8.010%
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
FSB Appeal Board Clarifies Factual Causation
Alan Holton
The recent Appeal Board Determination in the matter of J&G Financial Service Assurance Brokers (Pty) Ltd and R L Prigge is an important Determination for a number of reasons.
 
Mention has already been made in this publication of a number of the comments and criticisms made by the Chairman of the Appeal Board (Moonstone Investment Indicators of 26 June 2017 “Appeal Board Comments on Ombud”).

There is, in my opinion, one very important comment that bears emphasis. At paragraphs 43 and 44, the Chairman had the following to say:
 
43. In the case of a provider under the Act, more is required namely, compliance with the provisions of the Code. Failure to comply with the code can be seen in two ways. The Code may be regarded as being impliedly part of the agreement between the provider and the client and its breach a breach of contract. The other approach is that failure of the statutory duty gives rise to delictual liability.
 
44. In both instances the breach must be the cause of the loss. We stress this point because the Ombud's reasons give the impression that any breach of the Code makes a provider liable for damages without due regard to this aspect of causation, namely did the failure to comply with the Code cause acceptance of the advice. For instance, it is difficult to see how a failure to keep a proper record of advice could lead to a loss and liability. The advice may have been proper but not recorded. That does not mean that the provider is liable for a loss if an investment turns sour.

A complaint as defined in the FAIS Act 2002 means:

  • a specific complaint relating to a financial service rendered by a financial services provider or representative to the complainant

  • in which complaint it is alleged that the provider or representative has contravened or failed to comply with a provision of the FAIS Act

  • and/or has willfully or negligently rendered a financial service to the complainant

  • and that as a result thereof the complainant has suffered or is likely to suffer financial prejudice or damage.


The alleged contravention or failure to comply or the willful or negligent rendering of a financial service must all have, as a direct result, the prejudice or damage suffered by the complainant. This is referred to “factual causation.” Factual causation relates to the question of whether any factual link exists between the FSP’s conduct and the detrimental consequence/s suffered by the complainant.

In International Shipping Co (Pty) Ltd v Bentley (1990 1 SA 680 (A)) the court stated:

"The first inquiry is a factual one and relates to the question as to whether the defendant's wrongful act was a cause of the plaintiff 's loss. This has been referred to as 'factual causation'. The enquiry as to factual causation is generally conducted by applying the so-called 'but-for' test, which is designed to determine whether a postulated cause can be identified as a causa sine qua non of the loss in question. In order to apply this test one must make a hypothetical enquiry as to what probably would have happened but for the wrongful conduct of the defendant.”

In terms of S 17 of the General Code of Conduct, every FSP must maintain an internal complaint resolution system and have procedures based on, inter alia, fairness so as to ensure that a resolution of a complaint can be effected in a manner which is fair to both clients and the provider and its staff.

It does seem appropriate then, for the complaints resolution procedures adopted by FSPs to include a very clear explanation to clients that, should they wish to complain about the rendering of any financial service, the complaint should contain a clear explanation of the nature of the alleged contravention or failure to comply or the willful or negligent rendering of a financial service and how this led directly to the loss suffered. This will enable the FSP to properly analyse the complaint and, at an early stage, determine whether there is merit in the complaint. If there is merit, the FSP should be able to resolve this with the client without the client having to revert to the services of the Ombud. If there is no merit, this can be factually explained to the client and some resolution sought to ensure the fair treatment of that client.

Factual cause is central to the handling of a complaint and should, it is suggested, be given the emphasis it requires when seeking certainty regarding any complaint or potential complaint.

It is also one way to be fair to clients and to the FSP itself.

Alan Holton is a director of Compliance Monitoring Systems, a registered External Compliance Officer, a member of the SA Compliance Institute and an associate of Moonstone Compliance.
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Your Practice Made Perfect
1Life banner 2017-07-03
1Life Guaranteed Future Value Investment
The 1Life Guaranteed Future Value Investment is a linked endowment policy where the original investment amount, plus the yield at the guaranteed rate for the investment period, is payable to the policyholder at the end of a five-year term.

The design of the product ensures that the earnings you receive on maturity are tax free, making it a compelling offering for investors who previously used their tax exemption in respect of interest.

The guaranteed capital growth in this investment portfolio drives peace of mind for the high net worth investor looking for a low risk and secure option in which to invest their discretionary savings. 

1Life Insurance Limited is an authorised financial services provider (FSP 24769).

For more information click here 1Life Guaranteed Future Value Investment.
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REs for Compliance Officers
We recently published a template showing the deadlines for compliance officers to successfully complete specific regulatory exams.

The FSB very kindly expanded on our original publication, including CO’s for Licence Category 4, and also provided clarity on certain aspects regarding COs who work under supervision.

Please note: this applies to registered compliance officers only. If you are a sole proprietor, for instance, this does not apply to you.

If you still have to write one or more regulatory exams, please note that the deadline of 31 August is just around the corner. Please do not delay writing, in the hopefully unlikely event that you do not pass at the first attempt.

Please click here to read the amended document.
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NHI White Paper Published
Reports since the publication of this long awaited document certainly contained conflicting reports on what we can expect.

Pam Saxby for Legalbrief Policy Watch notes that that references in the media to proposals ‘scrapping’ tax credits for medical scheme members altogether” may have been misinformed.

“The paper’s chapter on NHI financing acknowledges that these requirements remain ‘uncertain’ and will depend ‘in part’ on public health system improvements and medical scheme regulatory reforms ‘not yet … fully articulated’.”

Media24 points out that the costs used in the White Paper published on Friday are still those published in 2010. This not only does not consider the impact of inflation, but also assumes economic growth of 3.5%, which is totally out of kilter with the current reality.

We hope to publish a comprehensive review of the NHI White Paper soon.

The Department of Health’s website contains a number of informative documents, including the NHI White Paper. Click here to access the page.
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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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Self-Help Guidelines to make a booking, download your certificate or view results
Candidates who wrote with Moonstone can now view their results, make a new booking or update their information on our website: www.faisexam.co.za

Here is what you do:
  1. Click on the Moonstone FAIS Exam website (www.faisexam.co.za)

  2. Click on the second heading: “Update Your Booking/Personal Details/Get results”.

  3. Key in your ID or Passport Number used to register for the exam: click on Send password.

  4. The system will send a password to the e-mail address you provided at registration.

  5. Use this password to log in on the same address as above:
    Type in the password – do not copy and paste.

  6. Click login.

  7. You will then be able to make a booking, download your certificate or view results.

Frequently Asked RE Questions

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
  • Sales Consultant – Medical Scheme Brokerage: Optivest, Durbanville - The ideal candidate is RE 5 qualified, has medical scheme experience and is comfortable to interact by phone. Read More

  • Accounts Executive / Broker: Garrun, Houghton - We require a FAIS compliant and experienced Short-Term Insurance Broker with own transport. Read More

  • Life Insurance Compliance Officer: Bidvest Life Insurance, Umhlanga - If you have a minimum of 3 years experience in the life insurance industry and Compliance Officer experience, then Read More

  • 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

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In Lighter Wyn
In Lighter Wyn
Really?

Meaningful insight 1

 

Meaningful insight 2

 

Meaningful insight 3

 

Meaningful insight 4

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Tel: +27 21 883 8000   |   Fax: +27 21 883 8005
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Disclaimer: Services and products advertised by external product suppliers in this newsletter are paid for by the respective suppliers. Moonstone does not endorse any opinions, conclusions, data, products, services or other information contained in this e-mail which is unrelated to the official business of Moonstone and furthermore accepts no liability in respect of the unauthorised use of its e-mail facility or the sending of e-mail communications for other than strictly business purposes.

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