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Fit & Proper FSP License (Fit & Proper/Operational Ability)

A year ago Rofhiwa was acquitted of fraud, and an earlier court order that had barred him from managing a company has since been set aside. He had lost his representative role during the investigation. Under the FAIS fit-and-proper criteria, what is his position now?

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

  1. a) He should not return at all, because the mere fact a case was once opened permanently appears on the register.
  2. b) Because the acquittal stands and the disqualification has been lifted, he can again meet the honesty-and-integrity requirement and may be re-appointed as a representative.Correct
  3. c) He may only return if he first serves a fixed period working under supervision to rehabilitate his integrity.
  4. d) He remains not fit and proper and is barred from appointment for a further 12 months regardless of the outcome.

Why this is the answer

Honesty and integrity are assessed on substance. An acquittal means no finding of dishonesty, and a disqualification that has been lifted no longer counts against him. He can therefore satisfy the honesty-and-integrity test and be appointed again; there is no automatic 12-month bar or mandatory supervision arising from an acquittal.

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