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Moonstone Monitor -  17 May 2018
In This Week's Newsletter
 
From the Crow's Nest
Long-term Ombud gets it right
 
Your Practice Made Perfect
Moonstone Regulatory Update Workshops – Several venues nearly fully booked
News from FIC – Email address for queries to be replaced by link on FIC website
Ramaphosa delays NHI Bill presentation – President takes personal interest in the Bill
 
Technologically Speaking
Digital marketing the answer to gain trust
 
Regulatory Examinations
Important Inseta Study Material Warning – New material contains errors, according to Inseta
RE Deadline 30 June 2018 - check RE registration date deadlines
Schedules for 2018
 
Careers Platform
Are you hiring? Moonstone offers biggest industry platform for employers
Featured Positions
 
In Lighter Wyn
Ladies and Gentlemen, we present the one and only David Feherty
 
 
 
 
 

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From the Crow's Nest
From the Crow's Nest
Long-term Ombud gets it right
The 2017 Annual Report by the Long-Term Ombud is a refreshingly down-to-earth read for anyone interested in the status of the long-term industry. Succinct and to the point, there is much to be gleaned from reading this 40 page document.

While most of the public media articles focused on complaints resolution statistics, the report actually touches on a number industry issues which should impact on the formation of the new Ombud system for the industry as a whole which is set to commence later this year. This applies particularly to an article titled Getting the balance right which sets out the challenges facing an Ombud scheme.

I also found the views of the LT Ombud on mediation and conciliation very enlightening.

In the foreword to the report by Justice Leona Theron, Chairperson of the Ombudsman’s Council, she notes:

“…the Council was satisfied that during 2017 the Ombudsman and the office had fulfilled their mission, complied with their obligations under the scheme’s rules and under the Act, and maintained the independence which is vital to their function.”

In my view, this is an understatement - It did so in exemplary fashion.

Statistics tell a story

In total, 5 435 chargeable complaints were received, of which 4 336 were considered during the year. The office managed to close 3 371 cases in the year, 85% of which were concluded within 6 months.
 
The Claims Declined category had the highest number of complaints with the Poor Service category the second largest. This is the same pattern as in previous years.

The office has started recording complaints according to the TCF outcome categories as reflected in the new PPR and will be able to report on this in future.

The percentage of total cases resolved wholly or partially in favour of complainants was 36.4% which is very similar to the percentages in the last few years.

“We wish to caution against an overemphasis of the Whole/Partial percentage, which should not be viewed in isolation.”

LT ombud stats 2017
*W/P refers to cases resolved wholly or partially in favour of the complainant.

West meets Africa

An excellent example of dispute resolution by adopting a pragmatic approach is contained in the Report. It concerns a case where a traditional adoption of a child did not quite conform to legal requirements, but after a thorough investigation and consultation fairness prevailed.

“Section 211(3) of the Constitution provides that the courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law. Since the Constitution clearly validates customary law, it is submitted that the right to practise traditional adoption is protected by the Constitution and should be accorded the same respect as common law.”

Quality control

The Long-term Ombud stresses the importance of the following aspects in ensuring and improving quality:
1. The right people “are key to success”.
  The most important tool – well-trained, experienced, high-quality staff with the right attitude, who can be retained.
  The right people on the governance body – this can ensure trust and quality through the oversight that is employed.
2. The level of transparency about the Ombud scheme’s performance can in itself be a quality control measure. Transparency of results and processes will keep the scheme “on its toes”.
3. A continual search for improvement – there is no room for complacency.

This is certainly a recipe that worked for the Long-term Ombud, and should be the blueprint for the composition and conduct of the envisaged Ombud Scheme under Twin Peaks.

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Your Practice Made Perfect
Your Practice
Moonstone Regulatory Update Workshops
With the first workshop only three weeks away, three venues are likely to be fully subscribed by Monday. Johannesburg, Cape Town and Pretoria are nearly fully booked while even Durban, normally laid-back to the last, is two thirds full.

Bloemfontein is nearly halfway there, while the two venues in my province of birth are lagging behind. Come on PE and East London, I don’t want my colleagues to be disappointed in you.

You can earn 3 FSCA CPD hours by attending.

FPI members can, in addition, also qualify for 3 Ethics and Practice Standard CPD points towards their professional designation CPD requirement. Members who know how scarce such opportunities are will certainly make use of this double whammy.

Please note that identification steps will be implemented to ensure the validity of your CPD claim.

The workshops will cover:

 
A concise overview of:
  The Insurance Regulations, the impact thereof on your business as well as views on what to expect next
  The most important Policyholder Protection Rules considerations will be discussed
  Important changes to the Debarment process and
  What is important to YOU in the Financial Sector Regulation Act
The proposed changes to the General Code of Conduct and the impact on FSPs
An in-depth unpacking of the 12 elements of the New Fit and Proper Requirements and what it will take to comply.

The workshops will run from 09h00 until 13h00 and take place on the following dates and venues:

VENUE DATE
East London - EL Golf Club 5 June 2018
Port Elizabeth - PE Golf Club 6 June 2018
Cape Town - The River Club 18 June 2018
Johannesburg - Houghton Golf Club 19 June 2018
Pretoria - Diep in die Berg 20 June 2018
Durban - Coastlands Hotel Umhlanga 21 June 2018
Bloemfontein - Emoya Estate 26 June 2018

Cost (no increase from 2017)

Moonstone Compliance clients: R650 per person (excl VAT).

Other attendees: R1 000 per person (excl VAT).

Book your seat – register today to avoid missing out.

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FIC e-mail query address decommissioned
To improve service delivery, FIC is decommissioning its current e-mail query address, FIC_feedback@fic.gov.za, and replacing it with an online system which will be housed on the organisation’s website, www.fic.gov.za and is accessible via the link (http://www.fic.gov.za/ContactUs/Lists/Compliance Queries/NewForm.aspx?Source=/Pages/Home.aspx)

The online system comes into operation on Thursday, 01 June 2018. After this date, the FIC will not be able to process queries sent via the FIC feedback inbox.

For any further information or assistance on the upgrade, please call the FIC Compliance Contact Centre on 012 641 6000.
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Ramaphosa delays NHI Bill presentation
From Legalbrief Today:

Health Minister Aaron Motsoaledi has announced the long-awaited National Health Insurance (NHI) Bill was ready for President Cyril Ramaphosa’s scrutiny. A Business Day report notes delivering his budget speech to Parliament, Motsoaledi said he had planned to present the Bill and a related Medical Schemes Amendment Bill to a Cabinet committee yesterday morning, in the expectation that they would be recommended for approval next week. ‘However, the President said he has taken a special personal interest in the NHI and hence instructed that we put the Bill in abeyance and not present it in his absence (as he is out of the country). So I have presented the Medical Schemes Amendment Bill to the committee. The two Bills will be released together as soon as the NHI Bill has been dealt with, with the President leading from the front,’ said Motsoaledi.

The Business Day report notes:

The ANC resolved to implement NHI before Motsoaledi became health minister in 2009. Progress has been slow, with the publication of several iterations of an ambitious policy critics have described as long on aspiration but short on detail.

This reminds me of a quip in a rag magazine in the 70’s: “The Pope has written a new best seller titled “The Pill’s grim progress”.
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Technologically Speaking
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Moonstone Information Refinery
 
Digital marketing the answer to gain trust
To make it in business today you have to have customers, support and trust, plus a brilliant marketing campaign. The financial sector is often faced with scepticism as consumers don’t trust anyone to help them with their money. A UK study in 2017 showed that only about 4 in 10 people said they would trust a qualified financial adviser more when seeking money advice.

In a recent Forbes article Steve Olenski, writer and content marketer posed the question: “Why do people have such little confidence regarding financial advisors?”

According to Olenski marketing is the solution for the financial services industry, because it can transform perceptions and bring together companies and the world

In his article he points out certain techniques that can help immensely – click here to read.
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Regulatory Examinations
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Important Inseta Study Material Warning
Inseta published the following notice on its website:

Dear Stakeholder

“It has been brought to INSETA’s attention that there are some errata in the new regulatory exam support materials that were released earlier this month. INSETA therefore cautions stakeholders that are making use of the guide in this regard.”

As an alternative, Inseta suggests that candidates should use the FSCA Prep Guide.

We have outlined the use of the Prep Guide extensively over the past few weeks – see below. Those who elect to use the Inseta study material, regardless, need to follow the Prep Guide guidelines, particularly points 5 and 6 which explain how to use a combination of the study material and the applicable legislation.

The FSCA Cancellation Clause will be strictly applied. Please note that this a ruling made by the Regulator which we and the industry have to abide by.

Those who need/want to write before the end of June are reminded that the final date for registering is 14 June 2018. We would advise such candidates to register as soon as possible as these sessions are normally fully booked by the end of May, or sooner.
 
STEP ACTIVITY DESCRIPTION
1 Refer to the mapping document for the exam you are planning to write. This is the map of the tasks/criteria that will be assessed in your exam, and it contains a reference to the relevant legislation that you are required to study in order to understand the task / criteria. Appendix A in the Preparation Guide
2 Look at the number of criteria for each task. These are the knowledge and skill components you require to be able to perform.
RE 1 has 16 tasks that will be tested
RE 5 has 8 tasks that will be tested

If you have studied all the criteria for every task, then you would be properly prepared to write the RE 1 or RE 5 – whichever exam applies to you.
3 To prepare for the exam, you must spend time each day and study the legislation and supporting training material. One should systematically select one criteria at a time. Group the criteria together in groups of 3 or 4 and allocate study hours per day to prepare. The total number of hours will individually differ due to ones circumstances. At least 2 hours per day is the suggested number of hours.
4 To start, read the task, and then the first criteria. Then refer to the legislation for these criteria, and read the legislation referred to. It is important to first read the legislation so that you can see what terms are used and how the legislation is structured.
5 Now refer to the additional support or training material and study the section in the training material dealing with those particular criteria. The support material explains the particular concepts in simple language so that it is easier to understand what the legislation is actually saying and what it means.
6 Then go back to the legislation itself, and read it again.
Where there are discrepancies, ALWAYS regard the legislation as being correct.
Now that you have gained a better understanding of what the legislation is about, you may find reading the legislation again will make more sense to you if you didn’t understand it the first time around.
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RE Deadline 30 June 2018
The table below indicates who has to successfully complete the RE 5 by 30 June 2018.
 
Representatives’ DOFA RE 5 Deadline
30/06/2015 – 31/12/2015 30/06/2018
01/01/2016 – 29/06/2016 30/06/2018
30/06/2016 – 31/12/2016 30/06/2019

DOFA refers to your date of first appointment. For instance, if you were appointed on 1 September 2015, you actually have two years and nine months in which to pass the RE 5 for representatives.

Unfortunately, time is now running out for those who are compelled to pass in less than two months.

  1. Remember that bookings close about two weeks before the actual exam, for logistical reasons. Today registration closes for the examination of the 25th of May.

  2. Not everyone passes at the first attempt. If you wish to give yourself enough time to re-register in such an event, bear in mind that you should allow for time for your paper to be marked and the results sent to you. This means that you should try and write by 8 June, given that our venues have always been fully booked in the last few weeks of the DOFA deadline.

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2018 RE Schedules updated

Please note
: Registration cut-off is 11 working days before date of exam.
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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 20 000 visits and approximately 39 000 page views per month.
Moonstone boasts an exclusive newsletter mailing list of over 51000 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: Investment, Risk, Healthcare, Banking, Retirement, and Insurance.


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Featured Positions
  • Financial Advisor: Universal Life Brokers, Randburg - Candidates must have at least 5 years experience in the long term insurance industry and in possession of a NQF5 qualification in financial planning. Read More

  • Experienced Financial Advisers: Centered Financial Solutions Pretoria / Centurion - Top franchise with the most comprehensive product range that included risk, investment, RA, short term & medical aid looking for dynamic financial advisers. Read More

  • Broker Consultant: CIA - Commercial & Industrial Acceptances, KZN Umhlanga - We are looking for a candidate with at least 5-10 years working experience in the insurance industry, short term insurance qualifications and RE1. Read More

  • Offshore Property Consultant: Salesforce Recruitment Johannesburg and Durban - This is your opportunity to offer a unique, capital growth investment opportunity to the market without bumping heads with direct competitors. Read More

  • International Buy to Let Sales Consultant: Salesforce Recruitment Johannesburg and Durban - Join this stable, Offshore Property Investment House and elevate your sales career to the next level. Read More

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In Lighter Wyn
In Lighter Wyn
Ladies and Gentlemen: David Feherty!
David Feherty’s stand-up show is all about his life in golf, drinking and lots of stories about life on the tour. Here's one:

It was back in the 70's and a soon-to-be prominent golfer (Ray Floyd) was playing at Augusta in his first Masters. Back then the players could not bring their own caddies but had to use one of the locals. Floyd told the caddy master he wanted a big fellow who could handle his bag, but who also would keep quiet, no advice needed.

The caddy who was assigned Floyd said, "Hello Mr. Floyd."

Floyd said "Hello" and followed that with: "That's the last I want to hear from you unless I ask you a question."

Everything went well until the 10th hole when Floyd pushed his drive into the right trees on the par 4. After surveying the scene he said out loud, "I'm going to hit a low fade out through that opening to carry and land mid green and then roll over the crest down near the hole."

Surprisingly he pulled it off exactly and turned to his caddy and said, "How's that?

The caddy spoke for the first time and said, "That wasn't your ball."

And a few David Feherty one-liners:

On Tiger Woods: “I just stood there watching him walk past and thinking, ‘I don’t know what that is, but I know there weren’t two of them on Noah’s Ark.”

On Phil Mickelson's aggressive style of play: "Watching Phil Mickelson play golf is like watching a drunk chasing a balloon near the edge of a cliff."

On watching Tiger Woods hit a great shot: “Never has my flabber been so completely gasted.”

On Jim Furyk’s swing: “It looks like a one-armed man trying to wrestle a snake in a phone booth.”

Again, on Furyk’s swing: “It looks like an octopus falling out of a tree.”

On dancing: “I don’t dance. The Irish don’t dance, we hold each other up.”

Now do you understand why I love the Irish?
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