Following on from our earlier blog on the declaration of crypto assets as financial products under the FAIS Act (the Declaration) we have received numerous queries on the transitional arrangements relevant to the new licensing regime, and the impact of the Declaration on crypto asset derivatives. 

Transitional arrangements 

Specific concerns have been raised regarding whether

With the declaration of crypto assets as a financial product, providers of crypto assets are left wondering whether they need to register as a financial service provider under the Financial Advisory and Intermediary Services Act, 2002.

Following an exemption published by the Financial Sector Conduct Authority, a person who provides a financial service in relation

In general notice 1350 of 2022, effective as of 19 October 2022, the FSCA has formally declared a crypto asset as a financial product under the Financial Advisory and Intermediary Services Act, 2002.  

The declaration marks the first step in crypto asset regulation, in South Africa, and follows a draft declaration published in 2020 

This blog was co-authored by: Preshanta Poonan, Associate Designate

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