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FAIS Act FAIS Act and Subordinate Legislation

Which of the following best describes the relationship a representative must have with the FSP under section 13 of the FAIS Act?

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

  1. a) A mandate or employment arrangement authorising the representative to act for the FSP, with the FSP accepting responsibility for those activities.Correct
  2. b) A casual understanding with no documentation of any kind.
  3. c) A relationship with the product supplier only, bypassing the FSP entirely.
  4. d) A direct appointment by the FAIS Ombud.

Why this is the answer

Section 13 requires that a representative act under a mandate or employment arrangement with the FSP, and that the FSP take responsibility (within the scope of that arrangement) for the representative's activities. It is not a casual or undocumented arrangement, nor an Ombud appointment.

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