2023-01-01
The Financial Services Commission of Mauritius establishes minimum technical competencies, qualifications, and experience requirements for licensees across the insurance, securities, and management sectors. The standards mandate that designated officers demonstrate competence through structured training or recognized qualifications while fulfilling annual Continuous Professional Development hours. Licensees must maintain detailed competency records for at least seven years and face regulatory sanctions if they fail to meet these prescribed requirements.
COMPETENCY STANDARDS Issued under section 7(1) (a) of the Financial Services Act 2007 Issued in October 2014 (Consolidated version with amendments as at June 2022)
TABLE OF CONTENTS
Competency Standards issued by the Financial Services Commission, Mauritius 2
Competency Standards issued by the Financial Services Commission, Mauritius 3 “licensee” has the same meaning as in the Financial Services Act 2007; “money laundering reporting officer” has the same meaning as in the Financial Intelligence and Anti-Money Laundering Regulations 2018; “officer” has the same meaning as in the relevant Acts; “relevant Acts” has the same meaning as in the Financial Services Act 2007; “representative” has the same meaning as in the Securities Act 2005. 3. Scope of the Competency Standards 3.1 In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. 3.2 The competence of the person, being one of the elements of the fit and proper requirements, is assessed with regard to the person’s education, qualifications together with relevant experience. 3.3 The Competency Standards are defined in terms of: the minimum technical competencies to demonstrate competence; the minimum qualifications, training and experience requirements to demonstrate competence; the minimum Continuous Professional Development (“CPD”) requirements to maintain competence. 3.4 The Competency Standards apply to licensees and any of their officers and/or their employees involved in: the provision of advice; the provision of intermediaries services; the management and control function.
Competency Standards issued by the Financial Services Commission, Mauritius 4 The Competency Standards will be reviewed on a continuing basis to include other licensees. 3.5 The objectives of the Competency Standards are: To ensure fair treatment of consumers of financial services; To ensure sound conduct of business in the financial services sector; To instill confidence in the financial services sector and encourage better consumer participation; To establish standards in order to preserve and maintain the good repute of Mauritius as an international financial centre. 4. Demonstrating Competencies 4.1 The Competency Tables, in annexes 1, 2 and 3 of the Competency Standards, set out the minimum technical competencies which specific licensees are expected to have, and also provide an indication as to how the minimum technical competencies can be demonstrated. Technical competencies refer to the technical knowledge and skills required to perform a specific role. 4.2 Minimum technical competencies and acceptable qualifications have been identified in consultation with the relevant stakeholders. 4.3 The competencies have been classified into 3 levels, namely Basic, Intermediate and Advanced as set out in Table 1 below. At career entry level, a person with no experience or a person with up to 2 years’ relevant industry experience is expected to have basic knowledge of the applicable concepts. As the person advances in that industry, the person’s knowledge of concepts is expected to increase from basic to intermediate and eventually to advanced level. Table 1: Competency Levels Levels of Competency Depth of knowledge Basic Familiarity with basic concepts Intermediate Thoroughly understands fundamental concepts and their application in the field of knowledge
Competency Standards issued by the Financial Services Commission, Mauritius 5 Advanced Thoroughly understands advanced concepts and their application in the field of knowledge 4.4 The Competency Tables state the minimum qualifications, where available, which meet the identified technical competencies for the licensees. The Commission is only providing a guideline on the minimum qualifications required from a licensee. This does not imply that the Commission will do course design or examinations. 4.5 The list of qualifications in the Competency Tables is not intended to be an exhaustive list of acceptable qualifications. Other comparable qualifications, which are not in the Competency Tables, may be accepted on a case by case basis by the Commission. 4.6 In the event that a person does not hold the minimum qualification or other comparable qualification, the Commission may consider, on a case by case basis, whether the person has sufficient relevant experience to demonstrate the required competency level. 4.7 The Competency Tables provide for the minimum relevant working experience required for the licensees, if applicable. 4.8 Where it is expressly stated in the Competency Tables that “relevant training” can be used to demonstrate competence, the training should cover the appropriate competencies as required to carry out the role. The licensee should notify the Commission of the information, as set out in annex 4, on the proposed training. This information should be provided to the Commission at least 5 working days prior to the commencement of the training. The training can be either a course approved by the Mauritius Qualifications Authority (“MQA”) or any other relevant course conducted by qualified trainer(s). A qualified trainer can be an officer or employee of the licensee who possesses the relevant qualification and experience to conduct the training. 4.9 In the case of insurance salesperson and insurance agent, the insurer shall notify the Commission of the information on the proposed training as set out in annex 4. The notification shall be provided to the Commission at least 5 working days prior to the commencement of the training. 4.10 The licensee and the insurer, in the case of insurance salesperson and insurance agent, shall bear in mind that they have the ultimate responsibility to ensure that the training covers the appropriate competencies as required to carry out the role.
Competency Standards issued by the Financial Services Commission, Mauritius 6 4.11 The requirement of a “Certificate of Character”, as stipulated in the Competency Tables, shall be applicable solely for a citizen of Mauritius and for a non-citizen holding a resident or work permit in Mauritius. 5. Maintaining Competencies 5.1 The Commission expects licensees to maintain their minimum technical competencies once licensed through on-going training. 5.2 CPD or on-going training shall be relevant to the role of the licensee and to the industry in which the licensee operates. It should take into account new developments in the relevant industry such as new products and change in regulatory requirements. 5.3 CPD can be either structured or unstructured. Structured CPD is an activity designed to achieve a specific learning outcome and is capable of being independently verified. Unstructured CPD is an activity that has met a learning outcome, but which may not have been specifically designed to meet that development need. An example of unstructured CPD is reading a technical article in a trade publication. 5.4 The Competency Standards focus on structured CPD and the prescribed minimum hours of structured CPD per year for each licensee are set out in the Competency Tables. 5.5 Annex 5 lists the common types of structured CPD. The list is not intended to be an exhaustive list of acceptable structured CPD. Any other form of structured CPD activity shall demonstrate how the training relates to the role. Attendance to any structured CPD activity shall also be supported by relevant evidence. 5.6 With respect to training courses attended to meet CPD requirements, the licensee does not need to notify the Commission of such training (refer to paragraph 4.8 above). 5.7 The Commission may review the CPD records during on-site inspection visits.
Competency Standards issued by the Financial Services Commission, Mauritius 7 6. Record keeping 6.1 The licensees must keep appropriate records to demonstrate that they have maintained the minimum competency level for a period of at least 7 years. These records must be made available to the Commission upon request. 6.2 The records must include the following: (a) copies of the certificates of qualifications for each person; (b) copies of appropriate training records for each person; and (c) copies of CPD records for each person. 6.3 If a person relies upon experience to demonstrate competence, he/she may find it useful to maintain detailed records in support of this. 7. Failure to comply 7.1 Non-compliance with the Competency Standards will expose the licensee to regulatory actions which may include a direction to ensure compliance with the Competency Standards under section 7(1) (b) of the Financial Services Act 2007 and administrative sanctions under section 7(1) (c) of the Financial Services Act 2007.
Competency Standards issued by the Financial Services Commission, Mauritius 8 ANNEX 1 COMPETENCY STANDARDS FOR INSURANCE SECTOR Competency Table 1: Insurance Salesperson Competency Table 2: Insurance Agent Competency Table 3: Insurance Broker Competency Table 4: Re-insurance Broker Competency Table 5: Broking Staff of Insurance Broker Competency Table 6: Broking Staff of Re-insurance Broker
Competency Standards issued by the Financial Services Commission, Mauritius 9 Competency Table 1: Insurance Salesperson FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Insurance Salesperson (same meaning as in the Insurance Act 2005) Applicable to: New Insurance Salesperson registered with the Commission as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Insurance Salesperson is expected to have: Basic knowledge of: o insurance principles and practices; o classes of insurance and insurance products; o the industry and the regulatory framework in Mauritius; o the contractual terms in a policy contract signed between the policy holder and the insurer; o claim procedures. Ability to explain basic features of insurance products to policy holder. Basic language skills. Minimum qualification of O-level pass in English and French or other equivalent qualification. The competencies can be demonstrated by undergoing relevant training (see para 4.8). Minimum of 10 hours Upon application for registration, a Statement of Declaration from the Insurer attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 10 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 11 Competency Table 2: Insurance Agent FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Insurance Agent (same meaning as in the Insurance Act 2005) Applicable to: New Insurance Agent licensed by the Commission as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Insurance Agent or at least one designated officer of the Insurance Agent (Company) is expected to have: Basic knowledge of: o insurance principles and practices; o classes of insurance and insurance products; o the industry and the regulatory framework in Mauritius; o the contractual terms in a policy contract signed between the policy holder and the insurer; o claim procedures; o the underwriting procedures. Understanding client’s needs and providing advice on general and/or long-term insurance products. Basic language skills. Basic numeracy skills. Minimum qualification of Olevel pass in English, French and Mathematics or other equivalent qualification. The competencies can be demonstrated by undergoing relevant training (see para 4.8) or holding relevant qualification in insurance from a recognised institution. The Insurance Agent or the designated officer(s) of the Insurance Agent (Company) shall also hold relevant experience of at least 6 months in insurance business. Minimum of 10 hours Upon application for a licence, a Statement of Declaration from the Insurer attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 12 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 13 Competency Table 3: Insurance Broker FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Insurance Broker (same meaning as in the Insurance Act 2005) Applicable to: New Insurance Broker licensed by the FSC Mauritius as from 1st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements At least one designated officer is expected to have: Advanced knowledge of : o insurance principles and practices; o classes of insurance and insurance products; o risk management and practices; o the industry and the regulatory framework in Mauritius; o the claims procedures; o the underwriting procedures; o the contractual agreement between the policy holder and the insurer. Understanding the duties of insurance broker. Understanding client’s needs and providing advice on general and/or long-term insurance products available. Minimum of 3 years full time equivalent** professional or academic qualification in insurance from a recognised institution. The designated officer(s) shall also hold relevant experience of at least 3 years in a managerial position in insurance business. Minimum of 10 hours Upon application for a licence, a Statement of Declaration from the Insurance Broker attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 14 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 15 Competency Table 4: Re-insurance Broker FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Re-insurance Broker (insurance broker with same meaning as in the Insurance Act 2005) Applicable to: New Re-insurance Broker licensed by the FSC Mauritius as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements At least one designated officer is expected to have: Advanced knowledge of : o insurance principles and practices; o re-insurance techniques and solutions; o risk management and practices; o the industry and the regulatory framework in Mauritius; o claim procedures; o the underwriting procedure; o the contractual agreement between the insurer and the re-insurer. Understanding the duties of reinsurance broker. Understanding client’s needs and providing advice on general and long-term re-insurance solutions. Minimum of 3 years full time equivalent** professional or academic qualification in insurance from a recognised institution. The designated officer(s) shall also hold relevant experience of at least 3 years in a managerial position in insurance business. Minimum of 10 hours Upon application for a licence, a Statement of Declaration from the Re-insurance Broker attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 16 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 17 Competency Table 5: Broking Staff of Insurance Broker FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Broking Staff (same meaning as in the Insurance (Insurance Brokers) Rules 2008) Applicable to: New Broking Staff appointed by an Insurance Broker as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Broking Staff is expected to have: Basic knowledge of o insurance principles and practices; o insurance and insurance products; o risk management and practices; o the industry and the regulatory framework in Mauritius; o claim procedures; o the underwriting procedures; o the contractual agreement between the policy holder and the insurer. Understanding the duties of insurance broker. Understanding client’s needs and providing advice on general and long-term insurance products available. Basic language skills. Basic numeracy skills. Minimum qualification of O-level pass in English, French and Mathematics or other equivalent qualification. Competence can be demonstrated by undergoing either relevant training (see para 4.8) or holding relevant qualification in insurance from a recognised institution. The Broking Staff shall also hold relevant experience of at least 2 years in insurance business. Minimum of 10 hours Upon appointment of the Broking Staff, a Statement of Declaration from the Insurance Broker attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 18 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 19 Competency Table 6: Broking Staff of Re-insurance Broker FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Broking Staff (same meaning as in the Insurance (Insurance Brokers) Rules 2008) Applicable to: New Broking Staff appointed by a Re-insurance Broker as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Broking Staff is expected to have: Basic knowledge of o insurance principles and practice; o re-insurance techniques and solutions; o risk management and practice; o the industry and the regulatory framework in Mauritius; o claim procedures; o the underwriting procedures; o the contractual agreement between the insurer and re-insurer. Understanding the duties of reinsurance broker. Understanding client’s needs and providing advice on general and long-term re-insurance solutions. Basic language skills. Basic numeracy skills. Minimum qualification of O-level pass in English, French and Mathematics or other equivalent qualification. Competence can be demonstrated by undergoing either relevant training (see para 4.8) or holding relevant qualification in insurance from a recognised institution. The Broking Staff shall also hold relevant experience of at least 2 years in re-insurance business. Minimum of 10 hours Upon appointment of the Broking Staff, a Statement of Declaration from the Reinsurance Broker attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 20 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 21 ANNEX 2 COMPETENCY STANDARDS FOR SECURITIES SECTOR Competency Table 7: Investment Dealer – Full Service Dealer Type 1 Competency Table 8: Investment Dealer – Full Service Dealer Type 2 Competency Table 9: Investment Dealer – Full Service Dealer Type 3 Competency Table 10: Investment Dealer – Broker Type 1 Competency Table 11: Investment Dealer – Broker Type 2 Competency Table 12: Investment Dealer – Discount Broker Type 1 Competency Table 13: Investment Adviser – Unrestricted Competency Table 14: Investment Adviser – Restricted
Competency Standards issued by the Financial Services Commission, Mauritius 22 Competency Table 7: Investment Dealer – Full Service Dealer Type 1 FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Investment Dealer (Full Service Dealer – Type 1) (Investment Dealer has the same meaning as the Securities Act 2005) Applicable to: New Representative of Investment Dealer (Full Service Dealer – Type 1) licensed by the FSC Mauritius as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Type 1 Representative is expected to have: Advanced knowledge of :
o general principles of securities; o securities products; o general principles of fund management and fund management products; o regulatory framework for securities activities in Mauritius. Minimum of a degree with emphasis on finance, capital markets, financial services, business administration, financial planning from a recognised institution. The Type 1 Representative shall also hold relevant experience of at least 8 years in investment business. Minimum of 15 hours Upon application for a licence, a Statement of Declaration from the Investment Dealer attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 23 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 24 Competency Table 8: Investment Dealer – Full Service Dealer Type 2 FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the FSC Mauritius may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Investment Dealer (Full Service Dealer – Type 2) (Investment Dealer has the same meaning as the Securities Act 2005) Applicable to: New Representative of Investment Dealer (Full Service Dealer – Type 2) licensed by the FSC Mauritius as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Type 2 Representative is expected to have: Advanced knowledge of :
o general principles of securities; o securities products; o general principles of fund management and fund management products; o regulatory framework for securities activities in Mauritius. Minimum of a degree with emphasis on finance, capital markets, financial services, business administration, financial planning from a recognised institution. The Type 2 Representative shall also hold relevant experience of at least 5 years in investment business. Minimum of 15 hours Upon application for a licence, a Statement of Declaration from the Investment Dealer attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 25 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 26 Competency Table 9: Investment Dealer – Full Service Dealer Type 3 FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Investment Dealer (Full Service Dealer – Type 3) (Investment Dealer has the same meaning as the Securities Act 2005) Applicable to: New Representative of Investment Dealer (Full Service Dealer – Type 3) licensed by the FSC Mauritius as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Type 3 Representative is expected to have: Intermediate knowledge of :
o general principles of securities; o securities products; o general principles of fund management and fund management products; o regulatory framework for securities activities in Mauritius. Minimum of a diploma with emphasis on finance, capital markets, financial services, business administration, financial planning from a recognised institution. The Type 3 Representative shall also hold relevant experience of at least 3 years in investment business. Minimum of 15 hours Upon application for a licence, a Statement of Declaration from the Investment Dealer attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 27 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 28 Competency Table 10: Investment Dealer – Broker Type 1 FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Investment Dealer (Broker – Type 1) (Investment Dealer has the same meaning as the Securities Act 2005) Applicable to: New Representative of Investment Dealer (Broker – Type 1) licensed by the FSC Mauritius as from 1st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Type 1 Representative is expected to have: Advanced knowledge of :
o general principles of securities; o securities products; o general principles of fund management and fund management products; o regulatory framework for securities activities in Mauritius. Minimum of a degree with emphasis on finance, capital markets, financial services, business administration, financial planning from a recognised institution. The Type 1 Representative shall also hold relevant experience of at least 4 years in investment business. Minimum of 15 hours Upon application for a licence, a Statement of Declaration from the Investment Dealer attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 29 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 30 Competency Table 11: Investment Dealer – Broker Type 2 FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Investment Dealer (Broker – Type 2) (Investment Dealer has the same meaning as the Securities Act 2005) Applicable to: New Representative of Investment Dealer (Broker – Type 2) licensed by the FSC Mauritius as from 1 st January of 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Type 2 Representative is expected to have: Intermediate knowledge of :
o general principles of securities; o securities products; o general principles of fund management and fund management products; o regulatory framework for securities activities in Mauritius. Minimum of a diploma with emphasis on finance, capital markets, financial services, business administration, financial planning from a recognised institution. The Type 2 Representative shall also hold relevant experience of at least 3 years in investment business. Minimum of 15 hours Upon application for a licence, a Statement of Declaration from the Investment Dealer attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 31 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 32 Competency Table 12: Investment Dealer – Discount Broker Type 1 FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Investment Dealer (Discount Broker – Type 1) (Investment Dealer has the same meaning as the Securities Act 2005) Applicable to: New Representative of Investment Dealer (Discount Broker – Type 1) licensed by the Commission as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Type 1 Representative is expected to have: Basic knowledge of :
o general principles of securities; o securities products; o general principles of fund management and fund management products; o regulatory framework for securities activities in Mauritius. Minimum of a diploma with emphasis on finance, capital markets, financial services, business administration, financial planning from a recognised institution. The Type 1 Representative shall also hold relevant experience of at least 2 years in investment business. Minimum of 15 hours Upon application for a licence, a Statement of Declaration from the Investment Dealer attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 33 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 34 Competency Table 13: Investment Adviser (unrestricted) FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Investment Adviser - unrestricted (Investment Adviser has the same meaning as in the Securities Act 2005) Applicable to: New Representative of Investment Adviser - unrestricted licensed by the Commission as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Representative is expected to have: Advanced knowledge of :
o general principles of securities; o securities products; o general principles of fund management and fund management products; o regulatory framework for securities activities in Mauritius. Minimum of a degree with emphasis on finance, capital markets, financial services, business administration, financial planning from a recognised institution. The Representative shall also hold relevant experience of at least 4 years in investment business. Minimum of 15 hours Upon application for a licence, a Statement of Declaration from the Investment Adviser attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 35 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 36 Competency Table 14: Investment Adviser (restricted) FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Investment Adviser - restricted (Investment Adviser has the same meaning as in the Securities Act 2005) Applicable to: New Representative of Investment Adviser - restricted licensed by the Commission as from 1 st of January 2015 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Representative is expected to have: Advanced knowledge of :
o general principles of securities; o securities products; o general principles of fund management and fund management products; o regulatory framework for securities activities in Mauritius. Minimum of a degree with emphasis on finance, capital markets, financial services, business administration, financial planning from a recognised institution. The Representative shall also hold relevant experience of at least 3 years in investment business. Minimum of 15 hours Upon application for a licence, a Statement of Declaration from the Investment Adviser attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 37 Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 38 ANNEX 3 COMPETENCY STANDARDS FOR MANAGEMENT AND CONTROL FUNCTION Competency Table 16: Money Laundering Reporting Officer Competency Table 17: Compliance Officer
Competency Standards issued by the Financial Services Commission, Mauritius 39 Competency Table 16: Money Laundering Reporting Officer FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Money Laundering Reporting Officer (“MLRO”) and Deputy MLRO Applicable to: MLRO and Deputy MLRO appointed by licensees effective as from 1st of June 2022 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The MLRO and the Deputy MLRO is expected to have: Advanced knowledge of: o the industry/sector in which the licensee operates; o updated anti-money laundering framework in Mauritius; and o the licensee’s products and services, including their legitimate uses and their laundering vulnerabilities. Qualifications; Competence shall be demonstrated by holding relevant qualification from a recognised institution. Experience: The MLRO and the Deputy MLRO shall hold relevant experience of at least 5 years in the industry; Alternately, the Commission may consider relevant experience of at least 3 years in the industry, subject to the submission of relevant and valid AML/CFT professional certification*; Notwithstanding the above, for the purpose of Section 4.6 of the Competency Standards, the MLRO and Deputy MLRO shall demonstrate a minimum of 10 years of relevant experience in the industry. Minimum of 10 hours Upon the proposed appointment of the MLRO and the Deputy MLRO, a Statement of Declaration from the licensee attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 40
Competency Standards issued by the Financial Services Commission, Mauritius 41 Competency Table 17: Compliance Officer FIT AND PROPER REQUIREMENTS In considering whether a person is fit and proper under section 20 of the Financial Services Act 2007, the Commission may, inter alia, have regard to the following criteria: financial standing; relevant education, qualifications and experience; ability to perform the relevant functions properly, efficiently, honestly and fairly; and reputation, character, financial integrity and reliability. Role: Compliance Officer Applicable to: New Compliance Officer appointed by licensees effective as from 1st of June 2022 Technical competencies How to demonstrate competencies Structured CPD per year Other requirements The Compliance Officer is expected to have: Advanced knowledge of o the industry/sector in which the licensee operates; o updated anti-money laundering framework in Mauritius; and o the licensee’s products and services, including their legitimate uses and their laundering vulnerabilities. Qualifications; Competence shall be demonstrated by holding relevant qualification from a recognised institution. Experience: The Compliance Officer shall hold relevant experience of at least 5 years in the industry; Alternately, the Commission may consider relevant experience of at least 3 yearsin the industry subject to the submission of relevant and valid AML/CFT professional certification*; and Notwithstanding the above, for the purpose of Section 4.6 of the Competency Standards, the Compliance Officer shall demonstrate a minimum of 10 years of relevant experience in the industry. Minimum of 10 hours Upon the proposed appointment of the Compliance Officer, a Statement of Declaration from the licensee attesting the following:
Competency Standards issued by the Financial Services Commission, Mauritius 42
Competency Standards issued by the Financial Services Commission, Mauritius 43 ANNEX 4 GUIDELINE ON TRAINING TO BE CONDUCTED
Competency Standards issued by the Financial Services Commission, Mauritius 44 Annex 4: Guideline on training to be conducted The licensee shall notify the Commission (5 working days prior to the training) of the following with respect to the training to be conducted: Course title; Course objectives/learning outcomes; Duration of course (hours); Mode of delivery; Trainer’s name (CV to be kept on record); Proposed venue, time and date on which course will be conducted; Course MQA approved (Yes/No). Notes:
Competency Standards issued by the Financial Services Commission, Mauritius 45 ANNEX 5 TYPES OF POSSIBLE STRUCTURED CPD
Competency Standards issued by the Financial Services Commission, Mauritius 46 Annex 5: Types of possible structured CPD Note: