Financial Advisers Act 2001 · 2020 Revised Edition · Part 10 · Miscellaneous
125. Power to reprimand for misconduct
Feedback & supportLast amended by an amending law of 2024. 3 amendments in all.
Where the Authority is satisfied that a relevant person is guilty of misconduct, the Authority may, if it thinks it necessary in the public interest or for the protection of investors or policy owners, reprimand the relevant person.
The Authority may, under subsection (1), reprimand a person who has ceased to be a relevant person, if the person was a relevant person at the time of the misconduct.
In this section —
“misconduct” means —
the contravention of —
any provision of this Act;
any condition or restriction of a financial adviser’s licence or an exemption granted under this Act;
financial adviser
“financial adviser” means a person who carries on a business of providing any financial advisory service, but does not include any person specified in the First Schedule;
any written direction made by the Authority under this Act;
written direction
“written direction” means a written direction issued under section 67.
any condition or restriction imposed on an appointed or provisional representative under section 31; or
provisional representative
“provisional representative”, in respect of a type of financial advisory service, has the meaning given to that expression by section 24, and “provisional representative” means a provisional representative in respect of any type of financial advisory service;
any code, guideline, policy statement or practice note issued or published under section 74;
the failure by an officer of a licensed financial adviser or an exempt financial adviser to discharge any duty or function of his or her office; or
officer
“officer” has the meaning given by section 4(1) of the Companies Act 1967;
the commission of an offence under section 111 or 112(1);
“officer” —
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, and includes a person purporting to act in any such capacity; or
director
“director” has the meaning given by section 4(1) of the Companies Act 1967;
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or a member of the committee of the association or a person holding a position analogous to that of president, secretary or member of a committee, and includes a person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“relevant person” means any licensed financial adviser, exempt financial adviser, representative, supervisor of a financial adviser, or officer or partner of a licensed financial adviser or an exempt financial adviser.[97
exempt financial adviser
“exempt financial adviser” means a financial adviser who is exempt under section 20(1) from holding a financial adviser’s licence;