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FAIS Ombud Dealing with complaints submitted to the Ombud for FSPs

The FAIS Ombud makes a final determination in a client's favour, and the FSP does not seek reconsideration. Which statements are correct? i) The determination binds the FSP. ii) It has the effect of a civil judgment. iii) It can be enforced through the court's processes. iv) It is only a recommendation the FSP may ignore.

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

  1. a) Statements i, ii and iiiCorrect
  2. b) All four statements
  3. c) Statements ii, iii and iv
  4. d) Statements i and ii

Why this is the answer

A final determination binds the FSP and has the effect of a civil judgment of the court that would have had jurisdiction, so it can be enforced through that court's processes. It is not a recommendation.

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