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FAIS Act FAIS Act and Subordinate Legislation

Which person fits the FAIS definition of a 'representative'?

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

  1. a) Anele, who services and maintains, on behalf of an FSP, products clients bought from a product supplier.Correct
  2. b) Boitumelo, a bank teller who only hands clients incidental, factual leaflets about products.
  3. c) Chris, who provides a purely factual data-capture service and gives no advice or intermediary service.
  4. d) Dineo, who assists a representative but has no employment contract or mandate with the FSP herself.

Why this is the answer

A representative renders a financial service (advice or an intermediary service) for or on behalf of an FSP under employment or mandate. Servicing/maintaining client products on the FSP's behalf qualifies. Giving only incidental factual information, a purely factual non-intermediary service, or assisting without any contract/mandate does not make a person a representative.

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