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Investment Indicators - 21 August 2017
In This Week's Newsletter
Rates Review
Investment Rates
Money Market Funds
Top 3 Rates
 
From the Crow's Nest
POPI challenges for the financial services industry – FSPs squarely in Regulator’s sights initially
 
Your Practice Made Perfect
Can Appeal Board overrule FSB decision? – A recent case clarifies the matter
POPI Awareness Training – Online awareness training via Moonstone platform
Moonstone Regulatory Update Workshop 2017 – Only two weeks to go before the first workshop. Book today
FAIS Notice 110 on PI Cover – Certain exemptions extended for a further three years
 
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
Good luck, Mr. Gorsky…
Paul Kruger 2016-10-31
Paul Kruger Author/Editor
 
 
 
 

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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 1Life (L) 6.730% 6.800%
2 Absa (L) 6.311% 6.385%
3 Assupol (G) 6.250% 6.320%
     
 R 1 000 000
     
     
  Company This Week Last Week
1 1Life (L) 6.730% 6.800%
2 Assupol (G) 6.680% 6.760%
3 Absa (L) 6.311% 6.385%
     
 2. Money Market Funds
  Company This Week Last Week
1 Prescient 8.130% 8.220%
2 Cadiz 7.950% 7.970%
3 Allan Gray 7.890% 7.860%
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
POPI challenges for the financial services industry
By Elizabeth de Stadler, Compliance Online
The Protection of Personal Information Act (POPI) applies to all industries, but some industries will be more affected than others, with financial services being one of them. Why? Firstly, FSPs collect very sensitive information. Secondly, when an FSP’s security fails, the breach can have dire consequences for customers. Lastly, the Information Regulator has indicated that financial services will be a focus area initially, as 85% of the complaints already reported concern financial services providers.
 
A real-life example

Want to see a real life example of what can happen when things go wrong at an FSP? Here is an excellent blog about the risk management failures at Wells Fargo, which led to a leak of personal identifiable information of over 50000 customer records.

However, in my opinion, information security is not the biggest issue for FSPs. Sure, it is important, but it doesn’t really change business as usual. There are two issues which will have far larger repercussions:

  1. It will be very difficult post-POPI to buy and sell leads and

  2. The rules about direct marketing are changing.

Buying and selling leads

The practice of buying and selling leads is an established practice in the financial services industry. POPI doesn’t make it illegal, but it will be very difficult to do so in future. The main problem is that prospective customers will have to be informed that their information will be shared with third parties. We know, because we tested it, that consumers care deeply about whom their information will be shared with and do not trust companies that share their information.
 
Direct marketing

The primary reason why a business will purchase leads is for direct marketing or ‘cold calling’. POPI contains new rules on direct marketing which would make it compulsory to obtain a person’s consent before their details are used for direct marketing. This will definitely apply to sms and e-mail. Whether it applies to telemarketing is unclear. I am of the view that it doesn’t, but there are attorneys who disagree with me.

The Information Regulator indicated that this consent will have to be requested in the form of an ‘opt in’. The consent must be voluntary, informed and specific. So, no “default” consents or statements such us ‘by giving us your personal information you consent to us processing it as we deem fit’. It would have to be something like:
 
    I consent to my information being sold to other FSPs
     
    I consent to direct marketing

I don’t know many people who would consent to a company profiting from sharing their personal information. This means that FSPs will have to find ways to convince customers that the buying and selling of their information is in their interest and that they want to receive direct marketing.

Want to read more about this topic? The UK Information Commissioner’s Office, who enforces legislation which is very similar to POPI, has written a direct marketing code of conduct. Our Information Regulator is visiting the ICO, so this Code is as close as we can get to a crystal ball.
 

Training and awareness is a large component of any POPI compliance campaign. Or, in the absence of a campaign, it is a good start. Why? Training raises awareness, exposes risk and changes behaviour. More so than with many other pieces of legislation, the risks created by POPI can often be addressed through small adjustments in behaviour, rather than wholesale changes to a business’ structure or services.

About Elizabeth

Elizabeth is a POPI subject matter expert at Compliance Online. She is also the founding director of Novation Consulting (Pty) Ltd.

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This fund is only available for investment via the Old Mutual Invest Tax Free Plan, and this offers a great advantage since all investment return, which includes interest, are tax free.

Click here for the Fund Fact Sheet

Visit www.taxfreesignup.co.za for more details.

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Your Practice Made Perfect
Your Practice
Can Appeal Board overrule FSB decision?
The recent Willbrink Outsources CC decision by the FSB Appeal Board assessed a rather novel approach to overturn a FSB decision.

The appeal was in respect of the Registrar’s decision to withdraw the appellant’s licence as he did not successfully complete his RE1 and RE5, and therefore did not meet the Fit & Proper requirements.

After allowing time to correct the contravention, the Registrar withdrew the appellant’s licence on 29 November 2016 as the issue had still not been corrected.

The FSP contracted with another Key Individual in March 2017, and requested the Appeal Board to consider a more lenient sanction, such as a reasonable fine, in view of the fact that the non-compliance had now been rectified.

The Appeal Board notes that no evidence was placed before the Registrar as to what attempts, if any, were made between March 2016, when the appellant was presumably informed of the Registrar's intent to withdraw the authorization, and the actual withdrawal.

“The Registrar is obliged, in terms of Section 8(1) of the FAIS Act, to ensure that FSPs and their representatives are fully compliant with the provisions of the FAIS Act and other relevant legislation before authorization can be granted to operate in the industry. Furthermore, a key individual may not act as such unless an application by that individual to act as a key individual has been approved by the Registrar. Accordingly, the Registrar withdrew the licence. It is on this basis that the Panel cannot find reason to interfere with the Registrar's decision. Hence the appeal must the appeal must fail.”

“The Appellant’s recourse is therefore to approach the office of the Registrar and submit an application for a new licence, motivating its compliance with the prescribed requirements.”
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POPI Awareness Training
Moonstone Business School of Excellence (MBSE), in collaboration with Compliance Online, now offer a nine-module online training course for businesses that will be required to comply with the requirements of the Protection of Personal Information Act (POPI).

Content
  • Module 1 provides an overview of the rationale for, and aims of, the Protection of Personal Information Act (POPI) and sets out who and what POPI applies to.

  • Module 2 explains what is meant by personal information and special personal information and the rules for processing special personal information and information of children.

  • Module 3 explains what is meant by "processing" and gives an overview of the types of processing activities that are excluded from the provisions of POPI.

  • Module 4 explains the first requirement of POPI for the lawful processing of personal information: that processing must be done for clearly defined and limited purposes.

  • Module 5 discusses the need for transparency about the reasons for collecting personal information and its intended uses.

  • Module 6 explains authorised processing of personal information.

  • Module 7 POPI explains what accurate processing of personal information entails.

  • Module 8 discusses secure processing of personal information.

  • Module 9 explains the powers of the authorities by whom POPI is enforced.

Cost

The cost per student is R855 inclusive of VAT. Bulk registration can be done for groups of ten or more, and bulk discount for groups of 25 or more.

Industry bodies wishing to negotiate special rates for their members can contact Elaine Davies of MBSE on 0877026429 or via email to Elaine@mbse.ac.za.

Click here for more detail on the course content.

Click here to register.
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Moonstone Regulatory Update Workshops 2017
Please note: this is NOT regulatory examination (RE 1 and RE5) training.

A number of regulatory amendments with significant impact on the industry are in an advanced stage of completion and implementation. These include fit and proper requirements, remuneration issues, FICA and RDR.

We will share what you need to know in a practical and understandable manner to allow you to make informed decisions on how the proposed changes are likely to impact you and your business.

The workshops are scheduled for September, and will be presented in seven venues nationally.

Click here to register.
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FAIS Notice on PI Cover
The FSB’s FAIS Notice 110 of 2017, published on 17 August 2017, drew the following query from a reader:

Pray old wise guru of all matters regulatory, for whom art this proclamation?
 
I chose to ignore the reference to “old” from someone who is a full 4 months and 5 days older than me.

This notice is merely an extension of the exemption granted in 2012 to licence holders in Category 1.1 and 1.19 ONLY from having to obtain PI cover and/or Fidelity Cover. This BN was due to expire on 21 August 2017.

An alert colleague made enquiries about this some two months ago.
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Regulatory Examinations
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2017 Schedule updated
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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 – Answers to questions on REs and 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 48000 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
  • Compliance Officer under Supervision: Moonstone Compliance, Johannesburg - The role will provide a practical internship, during which the applicant will receive on the job training and mentorship in the provision of outsourced compliance and risk management services to clients in the financial services industry. Read More

  • Financial Advisors: Odinfin, Irene, Pretoria - We are looking for insurance sales agents to join our successful team. Read More

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In Lighter Wyn
In Lighter Wyn
Good luck, Mr. Gorsky
I checked this story on Snopes and, yes, it is a hoax, but one should never allow the truth to spoil a good story.

When Apollo Mission Astronaut Neil Armstrong first walked on the moon, he not only gave his famous “One small step for man; one giant leap for mankind” statement, but followed it by several remarks, including the usual COM traffic between him, the other astronauts, and Mission Control. Before he re-entered the lander, he made the enigmatic remark “Good luck, Mr. Gorsky.”

Many people at NASA thought it was a casual remark concerning some rival Soviet Cosmonaut. However, upon checking, they found there was no Gorsky in either the Russian or American space programs.

Over the years, many people have questioned him as to what the “Good luck, Mr. Gorsky” statement meant. On July 5, in Tampa Bay, FL, while answering questions following a speech, a reporter brought up the 26- year-old question to Armstrong. He finally responded. It seems that Mr. Gorsky had died and so Armstrong felt he could answer the question.

When he was a kid, Neil was playing baseball with his brother in the backyard. His brother hit a fly ball which landed in front of his neighbors’ bedroom window. The neighbors were Mr. and Mrs. Gorsky.As he leaned down to pick up the ball, he heard Mrs. Gorsky shouting at Mr. Gorsky, in response to a rather suggestive request: “You want what? You’ll get that when the kid next door walks on the moon!”
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