012019
Full Name Maria Nthabiseng Mokoena
I.D Number 9401120499083
Residential
Address
262 Phase 5A, Buhle Park, Germiston, 1401
Cell Number 0848419972
E-mail nthabisengmachethe95@gmail.com
RUDO CONSULTING
LETSEMA : CERTIFICATE IN BANKING
SERVICES ADVICE LEARNERSHIP
MODULE 1 & 2
PORTFOLIO OF EVIDENCE (POE)
NQF Level 5
2024
2 | Page
Initials
@ 2024 RUDO CONSULTING. The copying, storage in any retrieval system, transmission,
reproduction in any form or resale of the course materials or any part thereof without the prior
written permission of the parties is an infringement of the copyright and will result in legal
proceedings.
3
3 | Page
Initials
PERSONAL INFORMATION
Full Name/S Maria Nthabiseng
Surname Mokoena
Maiden Name (If Applicable)
Identity Number 9401130499083
Organization
Occupation
Home Language Sesotho
Disability:
 None
 Sight (Even With Glasses)
 Hearing (Even With A Hearing Aid)
 Communication (Talking, Listening)
 Physical (Moving, Standing, Gasping)
 Emotional (Behavioural Or
Psychological)
 Multiple
 Disabled but Unspecified
None
Equity:
 Black: African; Coloured; Indian/Asian
 White
Black
Gender:
 Male
 Female
Female
Postal Address of Candidate
262 Phase 5A, Buhle Park, Germiston, 1401
Physical Address of Candidate
262 Phase 5A, Buhle Park, Germiston, 1401
Home Telephone Number
Cell Number 0848419972
E-Mail Address nthabisengmachethe95@gmail.com
4
4 | Page
Initials
WORKPLACE INFORMATION
Name Of Employer
FNB
Supervisor / Mentor / Manager
Abdul Raazzq
Designation Of Supervisor / Manager
Manager
Postal Address of Employer
1st Place Bank City, Corner Simmonds and
Pritchard Street, Johannesburg, 2001
Physical Address of Employer
1st Place Bank City, Corner Simmonds and
Pritchard Street, Johannesburg, 2001
Fax Number
Telephone Number 0823077022
E-Mail Address
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Initials
CONTACT DETAILS
Assessor Details
Name
Branch Registration No:
Contact Details email:
Phone: Fax:
Moderator Details
Name Thabo Khanye
Branch
Contact Details email: thabo@rudocon.co.za Registration No:
Phone: (012) 663 3251 Fax:
Candidate Details
Surname Name
College ID No
Branch
Contact Details email:
Phone: Fax:
6
COMPETENCE
BEING DECLARED COMPETENT ENTAILS:
Competence is the ability to perform whole work roles, to the standards expected in
employment, in a real working environment.
There are three levels of competence:
 Foundational competence: an understanding of what you do and why.
 Practical competence: the ability to perform a set of tasks in an authentic context.
 Reflexive competence: the ability to adapt to changed circumstances appropriately and
responsibly, and to explain the reason behind the action.
To receive a certificate of competence and be awarded credits, you are required to provide
evidence of your competence by compiling a portfolio of evidence, which will be assessed by
a BANKSETA SETA accredited assessor.
YOU HAVE TO SUBMIT A PORTFOLIO OF EVIDENCE
A portfolio of evidence is a structured collection of evidence that reflects your efforts,
progress, and achievement in a specific learning area, and demonstrates your competence.
THE ASSESSMENT OF YOUR COMPETENCE
Assessment of competence is a process of making judgments about an individual's
competence through matching evidence collected to the appropriate national standards. The
evidence in your portfolio should closely reflect the outcomes and assessment criteria of the
unit standards of the learning program for which you are being assessed.
To determine a candidate’s knowledge and ability to apply the skills before and during the
learning program, formative assessments are done to determine the learner’s progress
towards full competence. This normally guides the learner towards a successful summative
(final) assessment to which both the assessor and the candidate only agree when they both
feel the candidate is ready. Should it happen that a candidate is deemed not yet competent
upon a summative assessment, that candidate will be allowed to be reassessed. The
candidate can, however, only be allowed two reassessments.
7
When learners must undergo re-assessment, the following conditions will apply:
 Specific feedback will be given so that candidates can concentrate on only those areas
in which they were assessed as not yet competent.
 Reassessment will take place in the same situation or context and under the same
conditions as the original assessment. Only the specific outcomes that were not
achieved will be reassessed.
 Candidates who are repeatedly unsuccessful will be given guidance on other possible
and more suitable learning avenues.
For your assessor to assess your competence, your portfolio should provide evidence of
both your knowledge and skills, and of how you applied your knowledge and skills in a
variety of contexts.
This Candidate’s Assessment Portfolio directs you in the activities that need to be completed
so that your competence can be assessed and so that you can be awarded the credits
attached to the program.
APPEALS & DISPUTES
The candidate has the right to appeal against assessment decision or practice they regard
as unfair. An Appeals and Disputes procedure is in place and communicated to all
assessment candidates for them to appeal on the basis of:
 Unfair assessment
 Invalid assessment
 Unreliable assessment
 Unethical practices
 Inadequate expertise and experience of the assessor
Appeals must be lodged in writing (Candidate Appeal Form) & submitted to the Training
Provider internal moderator within 48 hours, following the assessment in question. The
moderator will consider the decide regarding the granting of a re-assessment. The learner
will be informed about the appeal-outcome within 3 days of lodging the appeal. Should the
learner not be satisfied with the internal appeal outcome, the learner will be advised of the
rights to refer the matter to the BANKSETA ETQA.
8
Assessment Process Flow
Assessment Plan
agreed by candidate
& completed by the
assessor before the
actual assessment
Knowledge
Questionnaire
conducted as per the
Assessment Plan
Observation
conducted as per
the Assessment
Plan
Portfolio of
Evidence
compiled as per
the Assessment
Plan
A detailed Assessor
Report compiled &
forwarded for
Moderation
Record of
Learning
Updated
Appeal form
completed by
the candidate in
the event of
dispute
Feedback Report
Completed by
Assessor &
individual
feedback given
to the candidate
Assessment
Results
Moderated
Action Plan
Completed by
Assessor
All records &
evidence
filed
Completed Assessor
Report / Moderator Report /
Record of Learning
Approval &
Certification
obtained
Certificate of
Competencies
issued to
successful
candidates
Register
candidates on the
Learner Record
Database
Portfolio of
Evidence
submitted to
Rudo Consulting
as per the
Assessment Plan
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D
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E
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Agreed Assessment Plan
Candidate's Name: Maria Nthabiseng Mokoena
Assessor's Name:
Standard Titles: COMPLIANCE AND LEGISLATION
EVENT DATE, TIME AND LOCATION RESOURCES REQUIRED
EVIDENCE TO BE
GENERATED
Attend Training Training material, equipment as specified Attendance Register
Complete formative assessment Formative workbook Completed formative workbook
Complete knowledge
questionnaire.
Knowledge questionnaire
Completed knowledge
questionnaire
Signature of Candidate: ___ ___________________________ Signature of Assessor:
______________________________
Date: ______________________________
10
INSTRUCTIONS TO THE LEARNER
 You must complete all sections of this POE.
 You are not allowed to copy from another learner. Any plagiarism committed will be
viewed in a serious light and disciplinary action may be taken against you. Your work
must be authentic i.e. your own work. Group work is allowed in certain activities, but
your answers must be your own original work after discussions in the group.
 You must sign the declaration contained in the assessment preparation and planning
document declaring that all work is your own. If you so not sign this declaration, the
assessor will not proceed with assessment and your results will be delayed.
 The proficiency level required for each unit standard in the cluster is 50% per specific
outcome per unit standard. If you are deemed Not Yet Competent in a unit standard, you
will only be required to redo (remediate those sections in that unit standard.
 Any remediation must be submitted within 30 working days after you have received
feedback.
 If you have achieved any unit standards in this learnership via another provider, please
neatly draw a line through the section and indicate that a certified certificate has been
submitted and is included in your administration section.
 Complete all tasks in this POE guide.
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Judgement of Evidence
Judgement on the learner’s competence will be made based on the evidence produced for
both Formative and Summative Assessments. The assessment will consist of two types of
approaches to gather evidence, it is discussed hereafter:
Formative Assessment: The formative assessment in this course consists of a workbook
activity and knowledge questions that should be completed during the contact-learning
phase and constitutes 100 marks. It counts 30% of the overall mark. Please ensure that you
complete the questions during or after class as requested by the facilitator. Where you could
not complete the work, please ensure that you do and submit the Workbook together with
the POE.
Summative Assessment: The Summative Assessment which will count 70% of the Overall
Mark. The Summative Assessment counts for 10 0 marks in total We have taken great
precaution to ensure that Assessment Design adheres to the Principles of the NQF and that
it is fair valid and reliable. Please research as far and wide as possible and include enough
information for each question you are answering. Do not forget to quote sources to avoid
plagiarism.
Specific Outcomes: People credited with these two modules will be able to:
 Demonstrate an understanding of the legislative concepts and requirements within the
banking and financial services environment.
 Discuss the applicable financial legislation in the banking, insurance, financial services
and financial planning sectors.
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 Explain and apply what the Code of Banking Practice is and its implications for clients
and the bank in terms of the relationship a bank has with its clients.
 Compliance with the FAIS codes is explained and applied in terms of giving financial
advice to clients.
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SUMMATIVE ASSESSMENT = 100 marks
Instructions to learner
 Work on the following tasks, gathering evidence and attaching all documentation used.
 Be as practical as possible and research for more information.
You are required to complete the following tasks. Attach all relevant evidence in your POE.
At the end of the assessment process, you will be able to:
SECTION 1 – (30 MARKS)
1. WHAT role does a bank play in the South African economy? – 2 marks
Banks play a vital role in the economical development in South Africa because they are
involved in every aspect of monetary policy. Banks need to be stable, solid, reliable and
profitable to attract local and foreign investments. Banks need to find innovative ways to
make banking services available to everyone which helps with economic development.
2. WHAT is the difference between a Commercial bank and a Merchant bank? – 2 marks
Merchant Banks derive their income by borrowing money and then lending it out again at
a higher interest rate. They also provide services with regards to mergers, takeovers and
public issues. Commercial banks consist of a huge part of their business dealing with
deposits which can be withdrawn on demand.
3. WHY was the Banks Act, Act No. 94 of 1990 introduced? – 2 marks
To provide for the regulation and supervision of the businesses of public companies
taking deposits from the public. Also to provide for the shareholding in and for the
registration of controlling companies in respect of banks.
4. In your own words DISTINGUISH between the regulatory and supervisory roles of the
Financial Services Board (FSB) and the Bank Supervision Department. Broadly,
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DISCUSS the impact of these two bodies on the banking industry. – 4 marks The bank
Supervision Department (BSD) is one of the core departments of SARB. It's purpose is
to promote sound domestic banking that contributes to financial stability.
5. CONCLUDE, Question 1.4, by outlining the purpose of the Twin Peaks Model and the
likely implications for the banking industry. – 4 marks
The FSR brings into effect the government's decision to move toward a twin peaks
model of the financial sector regulation. The objective is to move away from a
fragmented regulatory approach. Two regulators will be established: A Prudential
Authority (PA) within the South African Reserve Bank -to supervise the safety and
soundness of financial institutions and a new Financial Sector Conduct Authority (FSCA)
-to supervise how financial services firms conduct their business and treat customers.
6. DISCUSS why the bank needs the following information – 6 marks
 Ownership and company structure
 The management teams
 Turnover and profitability
 Other
Legislation demands that banks know and understand the source of the
assets of their clients in order to avoid money laundering. If a client has a
complex background, it means they pose a bigger risk for the bank
regarding it's compliace regulations. Management teams need to be verified
with qualification matching their competency. Turnover and profitability can
reflect many financial risks and provide a warning for a bank to avoid risks,
such as credit risk and interest rate risk.
7. EXPLAIN the consequences of not maintaining up-to-date client company profiles – 2
marks
None compliance with regulations or maintaining up to date client company profile can
lead to financial penalties, legal repercussions and reputational damage. Customers will
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not trust an organization that cannot maintain their data and will more than likely defect
to the competition.
8. WHAT specialised services does a bank offer? – 2 marks
Cheque accounts, Savings accounts, Insurance, Wealth management and Investment
banking.
9. DISCUSS why it is important to connect the business client with the appropriate
specialists – 6 marks.
To actively engage in ongoing innovation to create and launch products and services
that resonate with the goals of the clients. For improved customer experiences, profitable
growth, more productive employees and greater operational efficiencies. This will overall
increase customer retention.
SECTION 2: Explain the purpose of the Intermediaries Services' (FAIS) legislation –
(20 Marks)
1. Explain FAIS – (4 mark).
It is an Act which intends to ensure that the giving of the advice and the rendering of
intermediary services in relation to financial products is done in a competent and
open manner.
2. Outline the need for FAIS legislation – (4 marks).
FAIS Legislation was introduced to regulate the business of all Financial Service
Providers who give advice or provide intermediary services to clients, regarding a
wide range of financial products. Such financial services providers need to be
licensed, and professional conduct is controlled through codes of conduct and
enforcement measures.
3. Differentiate between advice and intermediary service – (4 marks) Advice
is any recommendation, guidance or proposal of a financial nature furnished, by any
means or medium to a client or group of clients in respect of the purchase or
16 | Page
investment in any financial product, (The conclusion of any right or benefit or liability
in respect of any financial product, or the variation, replacement or termination of any
financial product). "Intermediary services" means any activity other than the advice
that is performed by an individual for or on behalf of a client or product supplier.
Intermediary service must relate to a "financial product".
4. Identify the Categories of Financial Products – (4 marks) Long
term insurance category A" means assistance policies as defined in Long-term,
Insurance Categories B and C, Long-term Insurance Category B", Insurance Act,
1998 (Act No. 52 of 1998) but excludes policies mentioned in Long-term. Long-term
Insurance Category C", Short-term insurance commercial lines, Retail pension
benefits.
5. How can a client who has been mistreated address the issue? – (4 marks) A client
who has been mistreated can either approach the Ombud or institute civil proceeding
based on the delictual liability or breach of contract. A client can seek appropriate
legal redress in terms of common law, and whether relating to civil or criminal
matters, in respect of the rendering of any financial services by an authorized
financial services provider or representative of such a provider, or any act of a person
who is not an authorized financial provider or a representative of such a provider.
SESSION 3: Describe the authorization process – (20 Marks)
1. Explain the basis of the authorisation process – (6 marks) The authorization process
is based on the application by the FSP to be licensed as an authorized FSP. The
FSP persona within the FAIS can be one of these categories either an FSP I, FSP II
or an FSP III. Each of these FSPs operate in a different sub sector of the Financial
Services Industry and therefore have different pieces of legislation which apply to
17 | Page
them. While some of this applicable legislation is generic e.g FAIS, the others are
specific i.e Long-term Insurance Act, and collective investment schemes Act.
2. Name the four different areas that both the Financial Services Provider and its
representative need to comply with to be licensed – (4 marks) Sound
financial security, honesty and integrity, operational ability and competency.
3. Outline the duties of the FSP regarding its representatives – (4 marks)
The authorized financial services provider must maintain a register of
representatives, which must be regularly updated and be available to the registrar for
reference or inspection purposes. An authorized FSP must at all times be satisfied
that the provider's representatives and key individuals of such representatives are
when rendering a financial service on behalf of the provider and competent to act.
4. Outline concept of a natural person in the FAIS legislation – 2 marks)
A general human being.
5. Demonstrate how a recognised body act as an agent between the compliance officer
and FSB, by means of a diagram – (4 marks)
SESSION 4: Apply disclosure and conduct requirements to a selected sub sector – (10
Marks)
1. How should an authorized service provider conduct themselves? – (2 mark)
Act honestly and fairly, with due skill, deligence, and care in the interests of the client
and the integrity of the financial services industry.
2. Outline the disclosure of the provider in accordance with FAIS legislation – (4 marks)
Requirements of disclosure in the Policy Protection Rules (PPR) are integrated into
FAIS. The advantage of this transfer of disclosure requirements from PPR to FAIS is that
disclosures can be effectively made into a marketing type document. This ensures that
the business process is not hindered but enhanced.
3. What does the legislation say regarding record keeping? – (4 marks)
A provider must have appropriate procedures and systems in place to record all written
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communications relating to a financial service rendered to a client, including verbal
instructions by the client which the provider must reduce to writing. Store and retrieve
transaction document and all other documentation relating to the client and keep the
clients records and documentation safe from destruction. Records may be kept in an
appropriate electronic or recorded format, which are accessible and readily reducible to
written or printed form.
SESSION 5: Explain the mechanisms for enforcement and the implications for the
intermediary and the industry – (10 marks)
1. Identify the role, powers, and duties of the registrar – (5 marks) Like
other acts administered by the FSCA, the Act creates a Registrar, being the Executive
Officer of the financial services board. The registrar is empowered to: Approach a court
for an order restraining a person from contravening the Act or requiring a person to take
remedial steps. Declare a business practice undesirable by giving notice in the gazette
and thereby prohibit the FSP from continuing the practice. In terms of this, the Registrar
could withdraw or suspend the license of an FSP, effectively closing the business.
Institute action in a court of law against any person who contravenes the FAIS Act for
payment of compensation on behalf of another person and punitive damages.
2. Discuss the non-compliance consequences with the act – (5 marks) Contravenes or fails
to comply with the a provision of section 7 (7), 8 (8), 13 (1), 14(1),18,19(2) or 34 (4) or
(6): or In any application in terms of this Act, deliberately makes a misleading, false, or
deceptive statement, or conceals any material fact, is guilty of an offence and is on
conviction liable to a fine not exceeding R1000000 or imprisonment for a period not
exceeding 10 years or to both such fine and such imprisonment.
SESSION 6:Explain the rights of recourse available to aggrieved clients – (10 Marks)
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1. What is the meaning of an Ombud in terms of the act? - (2 marks) "Ombud"
means the Ombud for financial services providers referred to in section 20 (2) of the Act.
The services will serve as an expeditious cost-effective dispute resolution system
through which customer complaints against FSP's or representatives will be processed.
The office has been set up in such a way that the constitutional requirements of
independence and objectivity are achieved.
2. Outline the role, powers, and duties of a registrar – (4 marks) The Registrar is
empowered to: Approach a court for an order restraining a person from contravening the
Act or requiring a person to take remedial steps. Declare a business practice undesirable
by giving notice in the gazette and thereby prohibit the FSP from continuing the practice.
In terms of this, the Registrar could withdraw or suspend the license of an FSP,
effectively closing the business. Institute action in a court of law against any person who
contravenes the FAIS Act for payment of compensation on behalf of another person and
punitive damages.
3. What are the other enforcement measures can be made by a court? – (4 marks) An
amount determined by the court as compensation for the losses suffered by any other
person in consequence of such contravention or non compliance. A penalty for punitive
purposes in a sum determined in the discretion of the court but not exceeding three
times the amount of any profit or gain which may have accrued to the person involved as
a direct result of any such act or omission. Interest and costs of suit on such scale as
may be determined by the court.
Total marks are: 100
Learner achieved ____________ marks.
Assessor Name_____________________
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21
ASSESSMENT DECISION & EVIDENCE EVALUATION RECORD
Candidate's Name: -
Assessor's Name: -
Practical assessment
I declare that this assessment is my own demonstration.
Marks: The learner is either “Met requirements” or “did not meet requirements”. If the learner did not meet requirements in an area, then he or
she must be reassessed.
Learner achieved: Met requirements /Did not meet requirements
Specific Outcomes: People credited with these two modules will be able to:
 Demonstrate an understanding of the legislative concepts and requirements within the banking and financial services environment.
 Discuss the applicable financial legislation in the banking, insurance, financial services and financial planning sectors.
 Explain and apply what the Code of Banking Practice is and its implications for clients and the bank in terms of the relationship a bank has
with its clients.
 Compliance with the FAIS codes is explained and applied in terms of giving financial advice to clients.
Overall outcome:
The learner must be able to conduct outcomes-based assessment.
Note: When learner do practical assessments ensure that they meet the overall outcome.
22 | Page
Specific Outcome Met requirements
Did not meet
requirements
Comments
1
Specific Outcome Met requirements
Did not meet
requirements
Comments
2
Specific outcome Met requirements
Did not meet
requirements
Comments
3
Specific outcome Met requirements
Did not meet
requirements
Comments
4
Specific outcome Met requirements
Did not meet
requirements
Comments
5
Specific outcome Met requirements
Did not meet
requirements
Comments
23 | Page
OVERALL ASSESSMENT DECISION
Assessors Comments:
Signature of Assessor:
Date:

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  • 1.
    012019 Full Name MariaNthabiseng Mokoena I.D Number 9401120499083 Residential Address 262 Phase 5A, Buhle Park, Germiston, 1401 Cell Number 0848419972 E-mail nthabisengmachethe95@gmail.com RUDO CONSULTING LETSEMA : CERTIFICATE IN BANKING SERVICES ADVICE LEARNERSHIP MODULE 1 & 2 PORTFOLIO OF EVIDENCE (POE) NQF Level 5 2024
  • 2.
    2 | Page Initials @2024 RUDO CONSULTING. The copying, storage in any retrieval system, transmission, reproduction in any form or resale of the course materials or any part thereof without the prior written permission of the parties is an infringement of the copyright and will result in legal proceedings.
  • 3.
    3 3 | Page Initials PERSONALINFORMATION Full Name/S Maria Nthabiseng Surname Mokoena Maiden Name (If Applicable) Identity Number 9401130499083 Organization Occupation Home Language Sesotho Disability:  None  Sight (Even With Glasses)  Hearing (Even With A Hearing Aid)  Communication (Talking, Listening)  Physical (Moving, Standing, Gasping)  Emotional (Behavioural Or Psychological)  Multiple  Disabled but Unspecified None Equity:  Black: African; Coloured; Indian/Asian  White Black Gender:  Male  Female Female Postal Address of Candidate 262 Phase 5A, Buhle Park, Germiston, 1401 Physical Address of Candidate 262 Phase 5A, Buhle Park, Germiston, 1401 Home Telephone Number Cell Number 0848419972 E-Mail Address nthabisengmachethe95@gmail.com
  • 4.
    4 4 | Page Initials WORKPLACEINFORMATION Name Of Employer FNB Supervisor / Mentor / Manager Abdul Raazzq Designation Of Supervisor / Manager Manager Postal Address of Employer 1st Place Bank City, Corner Simmonds and Pritchard Street, Johannesburg, 2001 Physical Address of Employer 1st Place Bank City, Corner Simmonds and Pritchard Street, Johannesburg, 2001 Fax Number Telephone Number 0823077022 E-Mail Address
  • 5.
    5 | Page Initials CONTACTDETAILS Assessor Details Name Branch Registration No: Contact Details email: Phone: Fax: Moderator Details Name Thabo Khanye Branch Contact Details email: thabo@rudocon.co.za Registration No: Phone: (012) 663 3251 Fax: Candidate Details Surname Name College ID No Branch Contact Details email: Phone: Fax:
  • 6.
    6 COMPETENCE BEING DECLARED COMPETENTENTAILS: Competence is the ability to perform whole work roles, to the standards expected in employment, in a real working environment. There are three levels of competence:  Foundational competence: an understanding of what you do and why.  Practical competence: the ability to perform a set of tasks in an authentic context.  Reflexive competence: the ability to adapt to changed circumstances appropriately and responsibly, and to explain the reason behind the action. To receive a certificate of competence and be awarded credits, you are required to provide evidence of your competence by compiling a portfolio of evidence, which will be assessed by a BANKSETA SETA accredited assessor. YOU HAVE TO SUBMIT A PORTFOLIO OF EVIDENCE A portfolio of evidence is a structured collection of evidence that reflects your efforts, progress, and achievement in a specific learning area, and demonstrates your competence. THE ASSESSMENT OF YOUR COMPETENCE Assessment of competence is a process of making judgments about an individual's competence through matching evidence collected to the appropriate national standards. The evidence in your portfolio should closely reflect the outcomes and assessment criteria of the unit standards of the learning program for which you are being assessed. To determine a candidate’s knowledge and ability to apply the skills before and during the learning program, formative assessments are done to determine the learner’s progress towards full competence. This normally guides the learner towards a successful summative (final) assessment to which both the assessor and the candidate only agree when they both feel the candidate is ready. Should it happen that a candidate is deemed not yet competent upon a summative assessment, that candidate will be allowed to be reassessed. The candidate can, however, only be allowed two reassessments.
  • 7.
    7 When learners mustundergo re-assessment, the following conditions will apply:  Specific feedback will be given so that candidates can concentrate on only those areas in which they were assessed as not yet competent.  Reassessment will take place in the same situation or context and under the same conditions as the original assessment. Only the specific outcomes that were not achieved will be reassessed.  Candidates who are repeatedly unsuccessful will be given guidance on other possible and more suitable learning avenues. For your assessor to assess your competence, your portfolio should provide evidence of both your knowledge and skills, and of how you applied your knowledge and skills in a variety of contexts. This Candidate’s Assessment Portfolio directs you in the activities that need to be completed so that your competence can be assessed and so that you can be awarded the credits attached to the program. APPEALS & DISPUTES The candidate has the right to appeal against assessment decision or practice they regard as unfair. An Appeals and Disputes procedure is in place and communicated to all assessment candidates for them to appeal on the basis of:  Unfair assessment  Invalid assessment  Unreliable assessment  Unethical practices  Inadequate expertise and experience of the assessor Appeals must be lodged in writing (Candidate Appeal Form) & submitted to the Training Provider internal moderator within 48 hours, following the assessment in question. The moderator will consider the decide regarding the granting of a re-assessment. The learner will be informed about the appeal-outcome within 3 days of lodging the appeal. Should the learner not be satisfied with the internal appeal outcome, the learner will be advised of the rights to refer the matter to the BANKSETA ETQA.
  • 8.
    8 Assessment Process Flow AssessmentPlan agreed by candidate & completed by the assessor before the actual assessment Knowledge Questionnaire conducted as per the Assessment Plan Observation conducted as per the Assessment Plan Portfolio of Evidence compiled as per the Assessment Plan A detailed Assessor Report compiled & forwarded for Moderation Record of Learning Updated Appeal form completed by the candidate in the event of dispute Feedback Report Completed by Assessor & individual feedback given to the candidate Assessment Results Moderated Action Plan Completed by Assessor All records & evidence filed Completed Assessor Report / Moderator Report / Record of Learning Approval & Certification obtained Certificate of Competencies issued to successful candidates Register candidates on the Learner Record Database Portfolio of Evidence submitted to Rudo Consulting as per the Assessment Plan C A N D I D A T E A S S E S S M E N T S E T A
  • 9.
    9 | Page AgreedAssessment Plan Candidate's Name: Maria Nthabiseng Mokoena Assessor's Name: Standard Titles: COMPLIANCE AND LEGISLATION EVENT DATE, TIME AND LOCATION RESOURCES REQUIRED EVIDENCE TO BE GENERATED Attend Training Training material, equipment as specified Attendance Register Complete formative assessment Formative workbook Completed formative workbook Complete knowledge questionnaire. Knowledge questionnaire Completed knowledge questionnaire Signature of Candidate: ___ ___________________________ Signature of Assessor: ______________________________ Date: ______________________________
  • 10.
    10 INSTRUCTIONS TO THELEARNER  You must complete all sections of this POE.  You are not allowed to copy from another learner. Any plagiarism committed will be viewed in a serious light and disciplinary action may be taken against you. Your work must be authentic i.e. your own work. Group work is allowed in certain activities, but your answers must be your own original work after discussions in the group.  You must sign the declaration contained in the assessment preparation and planning document declaring that all work is your own. If you so not sign this declaration, the assessor will not proceed with assessment and your results will be delayed.  The proficiency level required for each unit standard in the cluster is 50% per specific outcome per unit standard. If you are deemed Not Yet Competent in a unit standard, you will only be required to redo (remediate those sections in that unit standard.  Any remediation must be submitted within 30 working days after you have received feedback.  If you have achieved any unit standards in this learnership via another provider, please neatly draw a line through the section and indicate that a certified certificate has been submitted and is included in your administration section.  Complete all tasks in this POE guide.
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    11 | Page Judgementof Evidence Judgement on the learner’s competence will be made based on the evidence produced for both Formative and Summative Assessments. The assessment will consist of two types of approaches to gather evidence, it is discussed hereafter: Formative Assessment: The formative assessment in this course consists of a workbook activity and knowledge questions that should be completed during the contact-learning phase and constitutes 100 marks. It counts 30% of the overall mark. Please ensure that you complete the questions during or after class as requested by the facilitator. Where you could not complete the work, please ensure that you do and submit the Workbook together with the POE. Summative Assessment: The Summative Assessment which will count 70% of the Overall Mark. The Summative Assessment counts for 10 0 marks in total We have taken great precaution to ensure that Assessment Design adheres to the Principles of the NQF and that it is fair valid and reliable. Please research as far and wide as possible and include enough information for each question you are answering. Do not forget to quote sources to avoid plagiarism. Specific Outcomes: People credited with these two modules will be able to:  Demonstrate an understanding of the legislative concepts and requirements within the banking and financial services environment.  Discuss the applicable financial legislation in the banking, insurance, financial services and financial planning sectors.
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    12 | Page Explain and apply what the Code of Banking Practice is and its implications for clients and the bank in terms of the relationship a bank has with its clients.  Compliance with the FAIS codes is explained and applied in terms of giving financial advice to clients.
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    13 | Page SUMMATIVEASSESSMENT = 100 marks Instructions to learner  Work on the following tasks, gathering evidence and attaching all documentation used.  Be as practical as possible and research for more information. You are required to complete the following tasks. Attach all relevant evidence in your POE. At the end of the assessment process, you will be able to: SECTION 1 – (30 MARKS) 1. WHAT role does a bank play in the South African economy? – 2 marks Banks play a vital role in the economical development in South Africa because they are involved in every aspect of monetary policy. Banks need to be stable, solid, reliable and profitable to attract local and foreign investments. Banks need to find innovative ways to make banking services available to everyone which helps with economic development. 2. WHAT is the difference between a Commercial bank and a Merchant bank? – 2 marks Merchant Banks derive their income by borrowing money and then lending it out again at a higher interest rate. They also provide services with regards to mergers, takeovers and public issues. Commercial banks consist of a huge part of their business dealing with deposits which can be withdrawn on demand. 3. WHY was the Banks Act, Act No. 94 of 1990 introduced? – 2 marks To provide for the regulation and supervision of the businesses of public companies taking deposits from the public. Also to provide for the shareholding in and for the registration of controlling companies in respect of banks. 4. In your own words DISTINGUISH between the regulatory and supervisory roles of the Financial Services Board (FSB) and the Bank Supervision Department. Broadly,
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    14 | Page DISCUSSthe impact of these two bodies on the banking industry. – 4 marks The bank Supervision Department (BSD) is one of the core departments of SARB. It's purpose is to promote sound domestic banking that contributes to financial stability. 5. CONCLUDE, Question 1.4, by outlining the purpose of the Twin Peaks Model and the likely implications for the banking industry. – 4 marks The FSR brings into effect the government's decision to move toward a twin peaks model of the financial sector regulation. The objective is to move away from a fragmented regulatory approach. Two regulators will be established: A Prudential Authority (PA) within the South African Reserve Bank -to supervise the safety and soundness of financial institutions and a new Financial Sector Conduct Authority (FSCA) -to supervise how financial services firms conduct their business and treat customers. 6. DISCUSS why the bank needs the following information – 6 marks  Ownership and company structure  The management teams  Turnover and profitability  Other Legislation demands that banks know and understand the source of the assets of their clients in order to avoid money laundering. If a client has a complex background, it means they pose a bigger risk for the bank regarding it's compliace regulations. Management teams need to be verified with qualification matching their competency. Turnover and profitability can reflect many financial risks and provide a warning for a bank to avoid risks, such as credit risk and interest rate risk. 7. EXPLAIN the consequences of not maintaining up-to-date client company profiles – 2 marks None compliance with regulations or maintaining up to date client company profile can lead to financial penalties, legal repercussions and reputational damage. Customers will
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    15 | Page nottrust an organization that cannot maintain their data and will more than likely defect to the competition. 8. WHAT specialised services does a bank offer? – 2 marks Cheque accounts, Savings accounts, Insurance, Wealth management and Investment banking. 9. DISCUSS why it is important to connect the business client with the appropriate specialists – 6 marks. To actively engage in ongoing innovation to create and launch products and services that resonate with the goals of the clients. For improved customer experiences, profitable growth, more productive employees and greater operational efficiencies. This will overall increase customer retention. SECTION 2: Explain the purpose of the Intermediaries Services' (FAIS) legislation – (20 Marks) 1. Explain FAIS – (4 mark). It is an Act which intends to ensure that the giving of the advice and the rendering of intermediary services in relation to financial products is done in a competent and open manner. 2. Outline the need for FAIS legislation – (4 marks). FAIS Legislation was introduced to regulate the business of all Financial Service Providers who give advice or provide intermediary services to clients, regarding a wide range of financial products. Such financial services providers need to be licensed, and professional conduct is controlled through codes of conduct and enforcement measures. 3. Differentiate between advice and intermediary service – (4 marks) Advice is any recommendation, guidance or proposal of a financial nature furnished, by any means or medium to a client or group of clients in respect of the purchase or
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    16 | Page investmentin any financial product, (The conclusion of any right or benefit or liability in respect of any financial product, or the variation, replacement or termination of any financial product). "Intermediary services" means any activity other than the advice that is performed by an individual for or on behalf of a client or product supplier. Intermediary service must relate to a "financial product". 4. Identify the Categories of Financial Products – (4 marks) Long term insurance category A" means assistance policies as defined in Long-term, Insurance Categories B and C, Long-term Insurance Category B", Insurance Act, 1998 (Act No. 52 of 1998) but excludes policies mentioned in Long-term. Long-term Insurance Category C", Short-term insurance commercial lines, Retail pension benefits. 5. How can a client who has been mistreated address the issue? – (4 marks) A client who has been mistreated can either approach the Ombud or institute civil proceeding based on the delictual liability or breach of contract. A client can seek appropriate legal redress in terms of common law, and whether relating to civil or criminal matters, in respect of the rendering of any financial services by an authorized financial services provider or representative of such a provider, or any act of a person who is not an authorized financial provider or a representative of such a provider. SESSION 3: Describe the authorization process – (20 Marks) 1. Explain the basis of the authorisation process – (6 marks) The authorization process is based on the application by the FSP to be licensed as an authorized FSP. The FSP persona within the FAIS can be one of these categories either an FSP I, FSP II or an FSP III. Each of these FSPs operate in a different sub sector of the Financial Services Industry and therefore have different pieces of legislation which apply to
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    17 | Page them.While some of this applicable legislation is generic e.g FAIS, the others are specific i.e Long-term Insurance Act, and collective investment schemes Act. 2. Name the four different areas that both the Financial Services Provider and its representative need to comply with to be licensed – (4 marks) Sound financial security, honesty and integrity, operational ability and competency. 3. Outline the duties of the FSP regarding its representatives – (4 marks) The authorized financial services provider must maintain a register of representatives, which must be regularly updated and be available to the registrar for reference or inspection purposes. An authorized FSP must at all times be satisfied that the provider's representatives and key individuals of such representatives are when rendering a financial service on behalf of the provider and competent to act. 4. Outline concept of a natural person in the FAIS legislation – 2 marks) A general human being. 5. Demonstrate how a recognised body act as an agent between the compliance officer and FSB, by means of a diagram – (4 marks) SESSION 4: Apply disclosure and conduct requirements to a selected sub sector – (10 Marks) 1. How should an authorized service provider conduct themselves? – (2 mark) Act honestly and fairly, with due skill, deligence, and care in the interests of the client and the integrity of the financial services industry. 2. Outline the disclosure of the provider in accordance with FAIS legislation – (4 marks) Requirements of disclosure in the Policy Protection Rules (PPR) are integrated into FAIS. The advantage of this transfer of disclosure requirements from PPR to FAIS is that disclosures can be effectively made into a marketing type document. This ensures that the business process is not hindered but enhanced. 3. What does the legislation say regarding record keeping? – (4 marks) A provider must have appropriate procedures and systems in place to record all written
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    18 | Page communicationsrelating to a financial service rendered to a client, including verbal instructions by the client which the provider must reduce to writing. Store and retrieve transaction document and all other documentation relating to the client and keep the clients records and documentation safe from destruction. Records may be kept in an appropriate electronic or recorded format, which are accessible and readily reducible to written or printed form. SESSION 5: Explain the mechanisms for enforcement and the implications for the intermediary and the industry – (10 marks) 1. Identify the role, powers, and duties of the registrar – (5 marks) Like other acts administered by the FSCA, the Act creates a Registrar, being the Executive Officer of the financial services board. The registrar is empowered to: Approach a court for an order restraining a person from contravening the Act or requiring a person to take remedial steps. Declare a business practice undesirable by giving notice in the gazette and thereby prohibit the FSP from continuing the practice. In terms of this, the Registrar could withdraw or suspend the license of an FSP, effectively closing the business. Institute action in a court of law against any person who contravenes the FAIS Act for payment of compensation on behalf of another person and punitive damages. 2. Discuss the non-compliance consequences with the act – (5 marks) Contravenes or fails to comply with the a provision of section 7 (7), 8 (8), 13 (1), 14(1),18,19(2) or 34 (4) or (6): or In any application in terms of this Act, deliberately makes a misleading, false, or deceptive statement, or conceals any material fact, is guilty of an offence and is on conviction liable to a fine not exceeding R1000000 or imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment. SESSION 6:Explain the rights of recourse available to aggrieved clients – (10 Marks)
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    19 | Page 1.What is the meaning of an Ombud in terms of the act? - (2 marks) "Ombud" means the Ombud for financial services providers referred to in section 20 (2) of the Act. The services will serve as an expeditious cost-effective dispute resolution system through which customer complaints against FSP's or representatives will be processed. The office has been set up in such a way that the constitutional requirements of independence and objectivity are achieved. 2. Outline the role, powers, and duties of a registrar – (4 marks) The Registrar is empowered to: Approach a court for an order restraining a person from contravening the Act or requiring a person to take remedial steps. Declare a business practice undesirable by giving notice in the gazette and thereby prohibit the FSP from continuing the practice. In terms of this, the Registrar could withdraw or suspend the license of an FSP, effectively closing the business. Institute action in a court of law against any person who contravenes the FAIS Act for payment of compensation on behalf of another person and punitive damages. 3. What are the other enforcement measures can be made by a court? – (4 marks) An amount determined by the court as compensation for the losses suffered by any other person in consequence of such contravention or non compliance. A penalty for punitive purposes in a sum determined in the discretion of the court but not exceeding three times the amount of any profit or gain which may have accrued to the person involved as a direct result of any such act or omission. Interest and costs of suit on such scale as may be determined by the court. Total marks are: 100 Learner achieved ____________ marks. Assessor Name_____________________
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  • 21.
    21 ASSESSMENT DECISION &EVIDENCE EVALUATION RECORD Candidate's Name: - Assessor's Name: - Practical assessment I declare that this assessment is my own demonstration. Marks: The learner is either “Met requirements” or “did not meet requirements”. If the learner did not meet requirements in an area, then he or she must be reassessed. Learner achieved: Met requirements /Did not meet requirements Specific Outcomes: People credited with these two modules will be able to:  Demonstrate an understanding of the legislative concepts and requirements within the banking and financial services environment.  Discuss the applicable financial legislation in the banking, insurance, financial services and financial planning sectors.  Explain and apply what the Code of Banking Practice is and its implications for clients and the bank in terms of the relationship a bank has with its clients.  Compliance with the FAIS codes is explained and applied in terms of giving financial advice to clients. Overall outcome: The learner must be able to conduct outcomes-based assessment. Note: When learner do practical assessments ensure that they meet the overall outcome.
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    22 | Page SpecificOutcome Met requirements Did not meet requirements Comments 1 Specific Outcome Met requirements Did not meet requirements Comments 2 Specific outcome Met requirements Did not meet requirements Comments 3 Specific outcome Met requirements Did not meet requirements Comments 4 Specific outcome Met requirements Did not meet requirements Comments 5 Specific outcome Met requirements Did not meet requirements Comments
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    23 | Page OVERALLASSESSMENT DECISION Assessors Comments: Signature of Assessor: Date: