Tag archives: FSCA

South Africa: new rules for advertising crypto asset

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
The South African self-regulatory body, the Advertising Regulatory Board (ARB) updated its Code of Advertising Practice to include a new section dealing with crypto assets (Clause 17 in Section III). Crypto asset advertisements must: Crypto asset advertisements should not: The aim of these rules are to prevent consumers from being misled when dealing with crypto … Continue reading

Financial Services Tribunal hold FSCA has no penalty jurisdiction over foreign persons

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in Finance
In Viceroy Research Partnership LLC and others against the Financial Sector Conduct Authority, the Financial Services Tribunal was faced with the question whether the FSCA had the authority to impose administrative penalties jointly and severally on three partners in a foreign partnership who were not South African citizens nor residents, and the acts allegedly committed … Continue reading

Financial Services Tribunal reluctant to overturn FSCA administrative decisions

Photo of Shawn Barnett (ZA)By Shawn Barnett (ZA) on Posted in Finance
This blog was co-authored by Kristen de Wet, Candidate Attorney On 4 April 2022, the Financial Services Tribunal in JHE Murray v FSCA, held that there exists no requirement in terms of the legislative framework that obliges the Financial Sector Conduct Authority (FSCA) to conduct a formal hearing before making administrative decisions. Consequently, reconsideration applications … Continue reading

Regulation on Crypto Assets

Photo of Desiree Reddy (ZA)By Desiree Reddy (ZA) on Posted in Finance
In November 2020, the FSCA released a draft declaration to include crypto assets as ‘financial products’ under the Financial Advisory and Intermediary Services Act, 2002.  The effect of the draft declaration, once made final, would be that any person providing advice or intermediary services in relation to crypto assets would need to be licensed as … Continue reading

Fitness, propriety and other matters related to significant owners – Part 2

Photo of Shawn Barnett (ZA)Photo of Hishaam KhanBy Shawn Barnett (ZA) and Hishaam Khan on Posted in Finance
(Click here for part 1) Joint Standard 1 of 2020 and the Financial Sector Regulation Act, 2017 (FSRA) prescribe wide ranging obligations for significant owners, but certain persons are exempt.  Financial Sector Conduct Authority (FSCA) General Notice 3 of 2020 exempts the following persons from the requirements of the Joint Standard probably because these entities … Continue reading

Fitness, propriety and other matters related to significant owners – Part 1

Photo of Shawn Barnett (ZA)Photo of Hishaam KhanBy Shawn Barnett (ZA) and Hishaam Khan on Posted in Finance
The Financial Sector Conduct Authority (FSCA) and the Prudential Authority (PA) Joint Standard 1 of 2020 sets out the requirements on fitness, propriety and other matters relating to significant owners of financial institutions and the financial institutions themselves.  It is worth reminding ourselves of the requirements. Prudent business management of financial institutions is dependent on … Continue reading

FSCA publishes a digital banking research report

Photo of Desiree Reddy (ZA)By Desiree Reddy (ZA) on Posted in Banking, Finance
In recognition of the increase in the adoption of digital channels by financial consumers, in late 2021 the FSCA published a Digital Banking Research Report on the state of digital banking activities in South Africa. The term “digital banking” refers to the digitisation of traditional banking services in order to more efficiently deliver financial services … Continue reading

YouTube channel for the Financial Sector Conduct Authority (FSCA)

Photo of Desiree Reddy (ZA)By Desiree Reddy (ZA) on Posted in Finance
In a welcomed development, the Financial Sector Conduct Authority has established a YouTube channel (https://m.youtube.com/channel/UCh3dQcOQAzdptNTKFQvB7HQ/about). The channel is a useful resource and provides valuable insight  as to the FSCA’s stance on certain issues.  Check out their latest videos: How to establish a FAIS compliance function: https://www.youtube.com/watch?v=QlnMYmwlj1Y How the FSCA complies to PAIA: https://youtu.be/TdUUOEckfB0 Financial soundness requirements … Continue reading

SCA reverses liquidation of JP Markets

Financial Institutions Legal SnapshotBy NRF Digital Team on Posted in Finance
This blog was co-authored by Shawn Barnett, Director and Hishaam Khan, Candidate Attorney On 20 October 2021 the Supreme Court of Appeal upheld the appeal of JP Markets (Pty) Limited against an order of the High Court which placed it in liquidation.  The SCA found that it was not just and equitable to place JP … Continue reading

Failure to submit valuation reports will result in the imposition of administrative penalties

Photo of Amina YudaBy Amina Yuda on Posted in Banking
On 17 March 2021, the Financial Services Tribunal confirmed that failure to timeously submit an actuarial valuation can result in the imposition of administrative penalties on a pension fund. The Financial Sector Conduct Authority (“FSCA”) may take into consideration the number of days that the pension fund was late in submitting the actuarial valuation when … Continue reading

Amendments to the Financial Sector Regulations published

Photo of Ntokozo NgubanePhoto of Michelle DavidBy Ntokozo Ngubane and Michelle David on Posted in General
The Minister of Finance, has published amendments to the Financial Sector Regulations under Gazette 43581 intended to simplify the process of appointing the Commissioner and Deputy Commissioner of the Financial Sector Conduct Authority (FSCA). The amendments provide that: The Minister must re-appoint a shortlisting panel (two panellists being the Deputy Govrnor of the South African … Continue reading

FSCA clamps down on FICA non-compliance

Photo of Desiree Reddy (ZA)By Desiree Reddy (ZA) on Posted in Banking
Financial services providers (FSPs) registered under the Financial Advisory and Intermediary Services Act 2002 fall within the ambit of ‘accountable institutions’ under the Financial Intelligence Centre Act 2001. As accountable institutions, these FSPs are obliged to comply with the FIC Act and are subject to oversight by the FSCA. The FSCA has recently investigated compliance with … Continue reading

Progressive changes for the retirement fund industry in FSCA draft Conduct Standards

Photo of Amina YudaBy Amina Yuda on Posted in General
On 8 June 2020, the Financial Sector Conduct Authority published three draft conduct standards for public comment to be made by 31 July 2020. The purpose of the draft conduct standards is to regulate the: conditions for living annuities in an annuity strategy; communication of benefit projections to members of pension funds; and conditions for … Continue reading

FSCA publishes two drafts: conduct standard and directive for securities exchanges

Photo of Desiree Reddy (ZA)By Desiree Reddy (ZA) on Posted in Banking
On 20 May 2020, the Financial Sector Conduct Authority (FSCA) published a draft Conduct Standard for Exchanges and a draft Directive for Exchanges. Conduct Standard for Securities Exchanges The main objective of the proposed conduct standard is to introduce requirements for the conduct of securities exchanges in response to increased competition in the South African … Continue reading

FSCA relaxes reporting requirement in response to COVID-19

Photo of Desiree Reddy (ZA)By Desiree Reddy (ZA) on Posted in General
On 24 March 2020, in recognition of the impact of the current COVID-19 pandemic on the financial services industry, the FSCA released general communication 9 of 2020 which sets out relaxations of regulatory requirements. In summary, the FSCA has granted: Financial services providers A four month extension for the submission of some financial statements (not … Continue reading

Draft Conduct Standard for Banks published

Photo of Desiree Reddy (ZA)Photo of Amina YudaBy Desiree Reddy (ZA) and Amina Yuda on Posted in Banking
The Financial Sector Conduct Authority (FSCA) has published a Draft Conduct Standard for Banks, under section 106(2)(b) of the Financial Sector Regulation Act 2017 (FSRA). The draft Conduct Standard applies to banks, mutual banks, co-operative banks, branches of foreign banks and representative offices of foreign banks (banks) and will apply in addition to any other … Continue reading
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