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FAIS Act FAIS Act and Subordinate Legislation

Which statement about the relationship between the FAIS Act and the FIC Act for a typical FSP 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) An FSP must comply with both: FAIS governs how it renders financial services, while the FIC Act imposes anti-money-laundering duties such as CDD and reporting.Correct
  2. b) Complying with FAIS automatically exempts the FSP from the FIC Act.
  3. c) The FIC Act only applies to banks, never to FSPs.
  4. d) An FSP may choose to comply with only one of the two Acts.

Why this is the answer

The two Acts operate together: FAIS regulates the conduct of financial services, and the FIC Act adds anti-money-laundering obligations (customer due diligence, record-keeping, reporting). An FSP that is an accountable institution must comply with both, not pick one.

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