So just a question as you seem very educated the company is licensed and they have a disclaimer. I would like to read in the law about a non-financial instrument that needs to be fais compliant. If you could send it I will highly appreciate it
Whether bitcoin is a financial instrument or not is irrelevant. It is an intangible asset. The act regulates "money or moneys worth" - and bitcoin is covered by this description.
And yes , all 200,000 people who have participated in and promoted MTI are liable to a fine or imprisonment because they have broken the law. This is what happens when masses of uneducated people who don't know what they are doing participate in something they don't understand.
Heres the exact wording
Financial Sector Regulations Act 2017: Page 44 of the act but here is the salient point: (3) For the purposes of subsection (2)(b)(ii), a person makes a financial investment when the person (the ‘‘investor’’)— (a) gives a contribution, in money or money’s worth, to another person and any of the following apply: (i) The other person uses the contribution to generate a financial return for the investor; (ii) the investor intends that the other person will use the contribution to generate a financial return for the investor, even if no return, or a loss, is in fact generated; 35 (iii) the other person intends that the contribution be used to generate a financial return for the investor, even if no return, or a loss, is in fact generated; and has no day-to-day control over the use of the contribution.
Financial Advisory and Intermediary Services Act (FAIS) 37 of 2002:
36. Offences and penalties Any person who - (a) contravenes or fails to comply with a provision of section 7(1) or (3), 8(8), 8(10)(a), 13(1) or (2), 14(1), 17(4), 18, 19(2), 19(4) or 34(4) or (6); [Para. (a) substituted by s. 61 of Act 22/2008] (b) in any application in terms of this Act, deliberately makes a misleading, false or deceptive statement, or conceals any material fact, (c) in the execution of duties imposed by this Act gives an appointed auditor or compliance officer information which is false, misleading or conceals any material fact; or [Para. (c) added by s. 61 of Act 22/2008] (d) is not a representative appointed or mandated by an authorised financial services provider in accordance with the provisions of this Act, and who in any way declares, pretends, gives out, maintains or professes to be a person who is authorised to render financial services to clients on the basis that the person is appointed or mandated as a representative by another representative, [Para. (d) added by s. 61 of Act 22/2008 and substituted by s. 198 of Act 45/2013 w.e.f. 28 February 2014] is guilty of an offence and is on conviction liable to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years, or both such fine and such imprisonment.