FAIS AND ADVERTS

Perhaps the most important part of being a Financial Advisor is that you need to market or advertise your services. After all, how will people know you exist if you do not advertise in some way? Because it is such an important part of a business you as an FSP need to know what you should include in your marketing and what you should not.

It is important that you always make reference to your license in your adverts and business documentation. Altough not specifically required, a good practice is also to add it to your email signature. You also need to provide a disclosure of who you are and what you are allowed to do when you first see or speak to clients. If your advertising is done via phone then you need to record all the calls and keep them for future reference.

Above all else, do not promise something false or overstated.

The above-mentioned is just a short summary but please feel free to read a extract from the relevant FAIS Act rules on the subject matter below. Remember when you read this that direct marketers are FSP's that advertise via phone.

​"There is a great deal of advertising that is much better than the product. When that happens, all that the good advertising will do is put you out of business faster." -Jerry Della Femina”

What you should do according to the FAIS Act

FAIS Act Section 8(b):

"ensure that a reference to the fact that such a licence is held is contained in all business documentation, advertisements and other promotional material;"

FAIS Act General Code of Conduct Section 14 and 15:

14.

(1) An advertisement by any provider must -

(a) not contain any statement, promise or forecast which is fraudulent, untrue or misleading;

(b) if it contains-

(i) performance data (including awards and rankings), include references to their source and date;

(ii) illustrations, forecasts or hypothetical data

(aa) contain support in the form of clearly stated basic assumptions (including but not limited to any relevant assumptions in respect of performance, returns, costs and charges) with a reasonable prospect of being met under current circumstances;

(bb) make it clear that they are not guaranteed and are provided for illustrative purposes only; and

(cc) also contain, where returns or benefits are dependent on the performance of underlying assets or other variable market factors, clear indications of such dependence;

(iii) a warning statement about risks involved in buying or selling a financial product, prominently render or display such statement; and

(iv) information about past performances, also contain a warning that past performances are not necessarily indicative of future performances; and

(c) if the investment value of a financial product mentioned in the advertisement is not guaranteed, contain a warning that no guarantees are provided.

(2) Where a provider advertises a financial service by telephone-

(a) an electronic, voicelogged record of all communications must be maintained. Where no financial service is rendered as a result of the advertisement, such record need not be maintained for a period exceeding 45 days;

(b) a copy of all such records must be provided on request by the client or the registrar within seven days of the request;

(c) all the information required by sections 4(1)(a) and (c) and 5(a) and (c) shall not be required: Provided that the client is provided with basic details (such as business name and telephone number or address) of the provider or relevant product supplier, and of their relevant compliance departments: Provided further that, if the promotion results in the rendering of a financial service, the full details required by those sections are provided to the client in writing within 30 days of the relevant interaction with the client.

(3) Where a provider advertises a financial service by means of a public radio service, the advertisement must include the business name of the provider.

15.

(1) A direct marketer must, when rendering a financial service to or on behalf of a client, at the earliest reasonable opportunity furnish the client with the following particulars:

(a) the business or trade name of the direct marketer;

(b) confirmation whether the direct marketer is a licensed financial service provider and details of the financial services which the direct marketer is authorised to provide in terms of the relevant license and any conditions or restrictions applicable thereto;

(c) telephone contact details of direct marketer (unless the contact was initiated by the client);

(d) telephone contact details of the compliance department of the direct marketer;

(e) whether the direct marketer holds professional and indemnity insurance;

Provided that where the direct marketer is a representative, the information contemplated in sub-paragraphs (a) to (c) above must be provided in respect of the provider to which the representative is contracted.

(2) When providing a client with advice in respect of a product, a direct marketer must at the earliest reasonable opportunity:

(a) make enquiries to establish whether the financial product or products concerned will be appropriate, regard being had to the client’s risk profile and financial needs, and circumstances;

(b) furnish the client with the following particulars where appropriate:

(i) business or trade name of the product supplier;

(ii) legal status and relationship with product supplier;

(iii) the following details in respect of the product:

(aa) Name, class or type of financial product concerned;

(bb) Nature and extent of benefits to be provided;

(cc) Manner in which such benefits are derived or calculated, with specific reference to the underlying assets of any investment component and the manner in which the value of such investment component is determined;

(dd) Monetary obligations assumed by the client as well as manner of payment;

(ee) Whether cooling off rights are offered and, if so, procedures for the exercise of such rights;

(ff) Any material investment or other risks associated with the product;

(c) take reasonable steps to establish whether the financial product identified is wholly or partially a replacement for an existing financial product of the client and, if it is such a replacement, inform the client of actual and potential financial implications, costs and consequence set out in clause 8(1)(d) of this Code before any transaction is concluded.

(3) A direct marketer must prior to the conclusion of any transaction and where a contract is concluded provide the client with the following information, provided where such information is provided orally, it must be confirmed in writing within 30 days:

(a) Telephone contact details of the compliance department of the product supplier;

(b) To what extent the product is readily realisable or the funds concerned are accessible where appropriate;

(c) Details of manner in which benefits will be paid;

(d) Any restrictions on or penalties for early termination or withdrawal from the product, or other effects, if any, of such termination or withdrawal;

(e) Charges and fees to be levied against the product including the amount and frequency thereof and where the product has an investment component, the net investment amount ultimately invested for the benefit of the client;

(f) Commission, consideration, fees, charges or brokerages payable to the direct marketer by the client, or by the product supplier or by any other person;

(g) On request, the past investment performance of the product, where applicable, over periods and at intervals which are reasonable with regard to the type of product involved;

(h) Consequences of non-compliance with monetary obligations assumed by the client and any anticipated or contractual escalations, increases or additions;

(i) In the case of an insurance product in respect of which provision is made for increase of premiums, abbreviated disclosures of such contractual increases;

(j) Concise details of any special terms and conditions, exclusions, waiting periods, loadings, penalties, excesses, restrictions or circumstances in which benefits will not be provided;

(k) Any guaranteed minimum benefits or other guarantees where appropriate.

(l) That recordings of telephone discussions (where applicable) will be made available to the client on request

(4) A direct marketer must provide a client (where appropriate) with a record of advice as contemplated in section 9(1)(a) to (d) in writing.

(5) A direct marketer shall be obliged to record all telephone conversations with clients in the course of direct marketing and must have appropriate procedures and systems in place to store and retrieve such recordings. Records of advice furnished to a client telephonically need not be reduced to writing but a copy of the relevant voicelogged records must be provided, on request, to the client or Registrar within a reasonable time.

(6) Notwithstanding the above or contrary provision in the code, such of the information required to be provided to the client in terms of clauses 4, 5 and 7 of this Code as has not yet been recorded or provided to the client in writing before the conclusion of any transaction, must be provided to the client in writing within 30 days thereafter.