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FAIS Act FAIS Act and Subordinate Legislation

Which statement correctly reflects the relationship between a product supplier and a financial services provider under the FAIS framework?

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

  1. a) An FSP renders financial services (advice and/or intermediary services) to clients, which is a distinct function from merely supplying a product.Correct
  2. b) A product supplier, by supplying a product, is automatically also giving FAIS advice to the client.
  3. c) An FSP may supply products but is prohibited from ever giving advice or an intermediary service.
  4. d) Only the product supplier, never the FSP, may render an intermediary service.

Why this is the answer

Supplying a product and rendering a financial service are different things. An FSP renders advice and/or intermediary services to clients; supplying a product does not by itself constitute giving advice, and an FSP is certainly not barred from advising or rendering intermediary services.

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