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Published byEvelyn Sherman Modified over 9 years ago
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PRESENTATION TO THE MEMBERS OF THE PARLIAMENTARY COMMITTEE ON FINANCE ON THE INITIATIVES TO ADDRESS THE NEEDS OF THE ASSISTANCE BUSINESS SECTOR BY THE FINANCIAL SERVICES BOARD: -INSURANCE: MASHUDU MUNYAI -FAIS: GERRY ANDERSON -FRIENDLY SOCIETIES: WILMA MOKUPO (no presentation, only Q&A) 06 SEPTEMBER 2005
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2 OVERVIEW -INSURANCE: -Background -Importance of Assistance Business Sector -Policyholder Protection Rules -Financial Advisory & Intermediary Services Act as it relates to Insurance -Finmark Trust / Genesis-analytics Report: Regulation Of Assistance Business In South Africa -Inspection Carried Out In Limpopo Province (Tzaneen) On Funeral Parlours -FSB / Loa Consumer Education Booklet: Know Your Rights When Taking Out A Funeral Policy -FSB / National Treasury Working Group On Assistance Business -FSB’s Enforcement Committee establishment -Co-operatives Act 14 of 2005 -FAIS: -FAIS and Consumer Education
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3 BACKGROUND -PCOF hearings on abuses in Funeral Service Benefits Industry on 4 December 2003 -Lack of information to clients -Problematic clauses in contracts -Policyholder contact details -Fraudulent practices -Regulatory problems
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4 IMPORTANCE OF ASSISTANCE BUSINESS SECTOR -Funeral cover is one of the most widely used financial services in South Africa -Ensures access to financial services for people of LSM 1-5 -Funerals are a pivotal social event in indigenous African Societies
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5 POLICYHOLDER PROTECTION RULES -Came into effect on 30 th September 2004 -Old PPR amended to bring it in line with the FAIS Act 37 of 2002 -Long-term PPR has new section - Part VI - deals with Assistance Business Group Schemes -New section ensures that underwritten group schemes cannot easily change underwriting -Envisaged will result in reduction in prevalence of unregistered insurance business
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6 FINANCIAL ADVISORY & INTERMEDIARY SERVICES ACT AS IT RELATES TO INSURANCE -Act came into operation on 30 th September 2004 -Drastic reduction in the number of assistance business complaints -Implication that funeral parlours are registering under FAIS and are also underwritten
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7 FINMARK TRUST / GENESIS-ANALYTICS REPORT: REGULATION OF ASSISTANCE BUSINESS IN SOUTH AFRICA -National Treasury and FSB jointly considering Finmark Trust report -Need arose from previous report “Making insurance markets work for the poor in South Africa”
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8 INSPECTION CARRIED OUT IN LIMPOPO PROVINCE (TZANEEN) ON FUNERAL PARLOURS -The FSB inspectors inspected approximately 30 funeral parlours -Funeral parlours approached National Treasury for advice -FSB convened meetings with representative bodies of funeral operators -FSB delivered information presentations to SAFPA on compliance with Long-term Insurance Act and FAIS Act
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9 FSB / LOA CONSUMER EDUCATION BOOKLET: KNOW YOUR RIGHTS WHEN TAKING OUT A FUNERAL POLICY -FSB assisted the LOA to develop this book -Aim to educate policyholders on their rights when taking out a funeral policy -Books to be distributed by insurance companies to the members -Books available in 11 official languages
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10 FSB / NATIONAL TREASURY WORKING GROUP ON ASSISTANCE BUSINESS -FSB and National Treasury set up a working group -Consider the proposals in the Genesis: Analytics report -Tasked to look at the different licence options available for the assistance business industry
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11 FSB’S ENFORCEMENT COMMITTEE ESTABLISHMENT -FSB endeavours to set up an enforcement committee -Committee will have powers to impose penalties on parties that contravene the provisions of the Acts -At present the only enforcement action is prosecution -Envisaged that the Committee will give the FSB more powers to regulate more effectively
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12 CO-OPERATIVES ACT 14 OF 2005 -This Act allows for financial co-operatives to be registered -Financial Services co-op can conduct long-term or short- term insurance -Consider whether to move the Friendly Societies to the Co-Operatives Act
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13 FAIS AND CONSUMER EDUCATION -Intermediaries/Advisors engaged in the funeral policy (assistance business) sector fall within the FAIS regulatory framework; -Special category created (Long-Term insurance category A);
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14 FAIS AND CONSUMER EDUCATION ( FAIS AND CONSUMER EDUCATION (Continued) -Dispensations granted: a)Later registration date; b)Exemption from qualification requirements; -Interaction with stakeholders: a)South African Funeral Parlour Association (SAFPA);
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15 FAIS AND CONSUMER EDUCATION ( FAIS AND CONSUMER EDUCATION (Continued) -b)Forum for Assistance Business (formerly GAF); c)INSETA; d)LOA’s sub-committee on assistance business; e)Dedicated roadshows;
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16 FAIS AND CONSUMER EDUCATION ( FAIS AND CONSUMER EDUCATION (Continued) -Number of licenceholders; -Consumer Education initiatives; a) Dedicated staff; b) Other Consumer Education initiatives radio/community talks/brochures)
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17 Questions (including Friendly Societies)
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