JPMarkets Liquidated

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https://www.fsca.co.za/Documents/JP MARKETS JUDGMENT.pdf

The Financial Sector Conduct Authority (FSCA) previously reported that it filed an urgent
application with the High Court to liquidate JP Markets (Pty) Limited and that the bank
accounts of JP Markets had been frozen.
The liquidation application was granted Monday evening, 7 September 2020. JP Markets
is now in final liquidation. A copy of the judgment can be downloaded here. This is the
first time that the statutory power in section 38B of the FAIS Act has been used by the
FSCA. The section allows the FSCA to launch liquidation proceedings if it considers that
the interests of the clients of a financial services provider or of members of the public so
require.
The FSCA will work with the liquidators and do everything in its power to ensure that clients
of JP Markets recover as much as possible of their funds. Because of the intervention of
the FSCA more than R2.58 billion was preserved in the many bank accounts of JP Markets.
The investigation against JP Markets and its CEO, Mr. Justin Paulsen ( Mr. Paulsen), has
been completed. The FSCA has given notice of its intention to debar Mr. Paulsen from the
industry. On liquidation, the licence of JP Markets was automatically withdrawn,
The FSCA is also preparing to hand over the matter to the National Prosecution Authority
(NPA) for further investigation and possible criminal prosecution.
The FSCA has taken these steps because of the substantial risk to the public in instances
where entities and individuals act as issuers of derivative products (product providers)
without having the adequate financial reserves, risk management system and knowledge,
Transitional Management Committee:
DP Tshidi (Commissioner) CD da Silva JA Boyd MM du Toit LP Kekana K Gibson OB Makhubela P Mogase
and as an on-going effort to remove FSPs who are prepared to act outside the law from
the financial industry.
The FSCA has several other on-going investigations into forex platform operators.
The Honourable Justice Gilbert, who heard the application, pointed out that JP Markets
only filed its application for a licence on the eve of the FSCA’s liquidation application. He
also pointed out that JP Markets had 16 months to do so.
The FSCA has created a regulatory and a legislative framework for the supervision of
entities who wish to operate in the Over the Counter Derivative Providers (ODP) market,
as an issuer or product provider.
The FSCA once again points out that:
• All ODPs need to be licensed by the FSCA
• Forex derivative trading is a high-risk investment only suitable for investors with the
required knowledge, skills and experience. The public should carefully consider
whether trading in such financial instruments are suitable for them;
• As forex derivative platforms are a very popular space for scammers and fraudsters
to ply their trade, additional care should be taken when dealing with any platform.
One level of assurance is checking to see whether the provider is registered with
the FSCA as an FSP or ODP.
The FSCA again reminds consumers who wish to conduct financial services with an
institution or person to check beforehand with the FSCA on either the toll free number (0800
110 443) or on the website www.fsca.co.za as to whether or not such institution or person
is authorised to render the services.
ENDS