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Code of Conduct Adhere to the specific Codes of Conduct

An FSP's standard client agreement includes this clause: 'The client agrees that the provider is not bound by the disclosure and suitability provisions of the General Code in respect of this mandate.' A client signs it. What is the effect of the clause?

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

  1. a) It is null and void, and the provider breached the Code by including it.Correct
  2. b) It is valid, because the client accepted it in a signed written agreement.
  3. c) It is voidable, so it stands unless the client later asks a court to set it aside.
  4. d) It is valid for clients who are juristic persons, but void for natural persons.

Why this is the answer

No provider may request or induce a client to waive any right or benefit conferred by the Code, or recognise, accept or act on such a waiver, and any such waiver is null and void. It does not matter that the waiver sits in a signed contract or who the client is, and no court order is needed to make it ineffective.

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