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Conflicts of Interest Code of Conduct

An insurer's subsidiary, a marketing company, offers a representative a weekend away worth R8 000. The representative argues that the conflict-of-interest rules do not apply, because the offer does not come from a product supplier. Which statement is correct?

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

  1. a) The rules do not apply, provided the subsidiary pays for the weekend from its own funds.
  2. b) The rules apply only if the weekend is linked to a stated sales target.
  3. c) The rules do not apply, because only product suppliers and other providers are third parties.
  4. d) The rules apply, because a 'third party' includes an associate of a product supplier.Correct

Why this is the answer

The financial interest rules apply to interests offered by a 'third party', which includes a product supplier, another provider, an associate of a product supplier or provider, a distribution channel, and anyone acting under an arrangement with them. Routing a benefit through a subsidiary does not avoid the rules, and R8 000 far exceeds the immaterial limit.

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