This blog is co-authored by Anathi Xaba, a candidate attorney.
The FSCA publishes a regulatory strategy to outline its objectives, priorities, and intended outcomes for the next three years. This strategy provides guidance on how the FSCA intends to fulfil its regulatory and supervisory functions under the Financial Sector Regulation Act, 2017 (FSR Act), ensuring
This blog was co-authored by Michael McCarthy, trainee associate, litigation insurance.
On 20 March 2024 the Financial Sector Conduct Authority published a number of administrative sanctions for financial services providers who had failed to comply with the Financial Intelligence Centre Act (FICA). The FSCA, the supervisory body responsible for financial services providers under FICA, issued
In case you as an FSP missed it, FSCA Communication 13 of 2024 (FAIS) updates FSPs on the manner and process for future submissions of annual financial statements and other statutory returns required under section 19 of the FAIS Act and other applicable subordinate legislation. The communication includes a useful User Guide on the process.
The number of “money mule” scams i.e. where criminals approach bank customers with requests to have funds (often the proceeds of crime) paid into their accounts and often offer them a reward for the use of the account, is unfortunately on the rise. In a press release dated 10 July 2023, the FSCA has warned
On 18 April 2023, the Financial Sector Conduct Authority published its first Regulatory Actions Report, covering the period 1 April 2022 to 31 March 2023. The Report highlights enforcement action taken during the reporting period, with a view to not only deterring unlawful conduct, but also to create awareness of regulatory requirements.
Some of the
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
This blog was co-authored by: Kristen de Wet, Candidate Attorney
The 31 May 2022 publication of FSCA CRA Notice 2 of 2022 (Exemption Notice) by the Financial Sector Conduct Authority (FSCA) has determined that the exemption for certain regulated persons, as set out in the FSCA CRA Notice 3 of 2020 (Provisional Exemption), is finalised
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
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