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FAIS Ombud Dealing with complaints submitted to the Ombud for FSPs

A client's claim against an FSP would prescribe in two months. She lodges a complaint with the FAIS Ombud, which officially receives it. The investigation takes eight months. What is the effect on prescription?

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

  1. a) Prescription continues to run, so she must also issue summons within two months to protect her claim.
  2. b) Prescription is interrupted and a fresh three-year period begins on the day the Ombud receives the complaint.
  3. c) The running of prescription is suspended from the official receipt of the complaint until the matter is finalised.Correct
  4. d) Prescription stops running only if the FSP agrees in writing to the complaint being investigated.

Why this is the answer

Official receipt of a complaint by the Ombud suspends the running of prescription for the period from receipt until the complaint is withdrawn or determined. It is a suspension, not a fresh start, and it does not depend on the FSP's consent. Issuing summons would in fact oblige the Ombud to decline the complaint.

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