Tuesday, August 7, 2012

IMPORTANT INFORMATION REGARDING FSP'S


In light of the recent debacle surrounding a certain unregistered and illegally administrated fund that is currently being sequestrated - as reported by moneyweb.co.za, we here at Rock Capital Management find it most distressing that investors were so blatantly hoodwinked and therefore think it prudent to not only warn investors about investing in non-registered - and therefore non-regulated - collective investment schemes, or placing funds with non-registered financial intermediaries and service providers.

Rock Capital Management would also like to take the opportunity to highlight what accreditation investors should look for when dealing with investment professionals.

First and foremost is registration with the Financial Services Board (FSB). Every registered financial institution, advisor or intermediary carries a FSB licence number which should at all times be visible to clients on all official communications and documents as well as be visibly displayed at their business premises.

The Functions of the FSB are to:
·   Supervise the compliance with laws regulating financial institutions and the provision of financial services;
·   Advise the Minister on matters concerning financial institutions and financial services; and
·   Promote consumer education programmes and initiatives by financial institutions and bodies representing the financial services industry.

If you would like to check if the financial services provider that you are dealing with is in fact registered with the FSB, you can search the FSB website by using either their registered name or their FSB licence number. Once you have found your financial services provider on the FSB website, you can also see exactly which specific financial products and services they are approved and registered to provide.

There are various categories of FSB licences which carry differing requirements in order to obtain them. For example; Rock Capital Management carries a Category IIA FSP licence, which allows it to offer a wide range of investment and advisory services including the operation and administration of Hedge Funds; but also poses on it the most onerous of compliance requirements. What this means in laymen’s terms, is that Rock Capital Management has very strict regulatory requirements and rules to which it is must adhere at all times.

This should do well to put investors at ease, however, there is more to be said on the topic. The custody of client funds is also a very important factor to be taken into consideration. In order to receive custody of clients’ funds and securities, financial services providers need to be registered to do so. If they do not wish to hold clients’ funds and securities, they must appoint a registered custodian. In the case of Rock Capital Management, there are appointed custodians, which are; PSG Stockbrokers, 28E Capital and Allan Gray.

Funds kept in the custody of these registered custodians are held in the clients’ names and guaranteed by the JSE Guarantee Fund with exception of Allan Gray, as those funds are held in a collective investment scheme (unit trust) and individual clients are the owners of units within the scheme. In other words, all cash and securities in these accounts are safeguarded and held in the clients’ name with the JSE, or held by Allan Gray in a portfolio of shares that is unitized and these units are owned by clients thus making them the beneficial owners of a portion of the securities being held. This also means that no payments may or can be made to any account other than the account that the clients have supplied FICA documentation for, thus further ensuring the protection of funds.

Rock Capital Management would like to encourage all investors to make sure that they are dealing with registered and licensed financial advisors and intermediaries before they invest in any products or make use of any services that such an advisor or intermediary may offer.

Should you have any queries or simply seek assistance with finding out if your financial services provider is in fact registered and licensed to perform the specific financial services that they are offering, please feel free to contact Rock Capital Management on 086 111 7625 and we would be happy to assist.

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