HEDGE FUND: CATEGORY 2A.
|Service Name:||Compliance Officer Service ( Category 2A Hedge Fund )|
|Service Scope:||Financial Advisory and Intermediary Services Act, No 37 of 2002 “FAIS”|
This Standard Compliance Officer Service is for Category 2A ( Hedge Fund ) Financial Service Providers (FSP’s) that wish to outsource the compliance officer appointment specified in the Financial Advisory & Intermediary Services Act 2002 (FAIS) to a professional services provider.
Compli-Serve will supply an independent and qualified compliance officer as required under Section 17 (1) (a) of the FAIS Act.
The Service consists of several components as described below;
This is an essential first step of the compliance risk management process where a detailed assessment of the Hedge Fund managers practice is undertaken by Compli-Serve to assess current readiness levels for the FAIS requirements. It is designed to identify areas of prime concern at an early stage. The assessment is conducted on an interview basis with the key persons in the practice and any other persons as deemed necessary. Feedback and recommendations are presented to the client at a follow up consultation.
FSP FAIS License Review
Compli-Serve will review the current FAIS license to ensure submission integrity.
Once readiness levels have been assessed and conclusions reached Compli-Serve will advise upon implementation required and where current processes and documentation would require some amendment. Compli-Serve endeavours to amend rather than replace existing processes.
Compli-Serve utilises various monitoring techniques for this ongoing process and is undertaken with our clients during the course of the year.
- Initial follow up
This is generally undertaken approximately 30 days after the process implementation consultation to assess the level of client compliance with mutually agreed recommendations.
- Regular checks
Regular on site visits to assess the progress of implementation. A feedback report is prepared for the client to summarise any action that may be required. Areas that remain outstanding from a previous visit are normally given a higher priority.
- Annual audit
At this final check of the compliance calendar Compli-Serve will in conjunction with the client help prepare the annual compliance report for submission to the Financial Services Board.
Client Support Services
Ongoing support is an important component of the Outsource Service and is delivered to our client via our Standard , Premium Support and Legal Services that are described in more detail below.
This level of support is delivered via our in house support facilities detailed below and is included in the monthly subscription fee;
- Telephonic supportMake a call to the support centre on 0878976970. Service available during business hours Monday – Thursday 08:30 to 17:00 and Fridays to 16:00.
- email supportSend a mail to the support centre via firstname.lastname@example.org
- Web Site SupportClients are allocated a user name and password to gain access to the protected areas of our website and gain access to the online support facilities.
Premium Support will relate to services that would not be required by the client on a regular basis and are therefore excluded form the monthly fee. Premium Support will be quoted on a case by case basis and priced at the ruling Compli-Serve rate which is available upon request.
- On Site interventionsMutually agreed onsite interventions that fall outside the schedule of visits detailed under the Monitoring section.
- Complaint Handling (Initial Review & Response)In the event of a client complaint Compli Serve will review the complaint and advise the key individuals as to the merits of the complaint in terms of the FAIS. A case file will be opened and a timeline inserted to ensure compliance with the rules of the FAIS Ombud. A response will be prepared to the client detailing the proposed course of action.
Complaint Handling (Ombud Liaison and Legal Representation)
In the event of a client complaint CS can get involved in proceedings at a number of levels working in conjunction with compliance officers and external counsel. CS will liaise with the offices of the FAIS Ombud or the Financial Services Board as may be required on behalf of the respondent FSP.
The Service is rendered on an annual contract basis and is subject to the Terms and Conditions of Service. Prices will vary depending on the number of authorised individuals operating under the license entity and the levels of client discretion.
Please note that some premium services are dependent of availability of specialist resources at the time of request.