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Key Individual Role of the Key Individual in terms of the FAIS Act

Abel holds an NQF 5 financial-planning certificate and has run a funeral-services unit for four years. His FSP applies to have him approved as a key individual for a subcategory that requires an NQF 6 qualification. What is the most likely outcome?

RE5 practice question with a worked answer. This is one of hundreds of FSCA RE5 questions in the RegulatoryExams question bank.

  1. a) The Registrar may refuse the application where the qualification requirement is not met, and must give the applicant reasons for the decision.Correct
  2. b) The Registrar must approve it because his practical experience always outweighs the qualification gap.
  3. c) The Registrar will quietly let the application lapse without telling Abel anything.
  4. d) Abel is automatically enrolled in a supervision programme that the Registrar guarantees to approve.

Why this is the answer

Where an applicant does not meet a prescribed qualification level, the Registrar may refuse approval, and FAIS requires the Registrar to inform the applicant and give reasons. Experience does not automatically override a missing qualification, and the Registrar cannot simply ignore the application.

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