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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) 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
  2. b) He remains not fit and proper and is barred from appointment for a further 12 months regardless of the outcome.
  3. c) He may only return if he first serves a fixed period working under supervision to rehabilitate his integrity.
  4. d) He should not return at all, because the mere fact a case was once opened permanently appears on the register.

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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