CMS SERVICES

Our focus and intention is to provide the smaller, independent financial services provider with the tools and resources needed to manage your own compliance function.

• If you are a one-man (or woman) business and do not need a compliance officer, we have tailored a service for you.
   
• If you need to appoint a compliance officer and have appointed one of your own team members as internal compliance officer – or if you would like to do so but are unsure of what is required – we have tailored a service especially for you.

A provider with only key individual and no representatives is not required to appoint a compliance officer. This would apply in the case of:

• A Sole Proprietor who is the only Key Individual and who has no Representatives;
• A Close Corporation with only one Key Individual and no Representatives;
• A Private Company with only one Key Individual and no Representatives; or
• A Trust with only one Key Individual and no Representatives

In these circumstances the key individual alone is responsible for the compliance function. This is what we can do for you . . .

If you are an internal compliance officer, or if you would like to appoint an internal compliance officer, we can help you manage these responsibilities.

Every authorised Financial Services Provider who has

• more than one key individual; or
• one or more representatives

must appoint one or more compliance officers to monitor compliance with the Act by the provider and such representative and to take responsibility for liaison with the Registrar.

A provider who is required to appoint a compliance officer may appoint either an in-house compliance officer or an external compliance officer.

A director (in the case of a company), member (in the case of a close corporation), auditor, trustee (in the case of trust), principal officer, public officer or company secretary of a provider may be appointed as the ‘in-house’ compliance officer. Such a person is not required to have any special qualification in order to be appointed as the compliance officer but must convince the Registrar that he or she will be able to act with demonstrable independence, and in a manner ensuring no actual or potential conflicts of interests arise.

This is what we can do for you . . .