2022-12-02
The Financial Sector Conduct Authority (FSCA) has published final amendment notices updating the General Code of Conduct for Authorised Financial Services Providers and Representatives, alongside revised criteria for compliance officer approvals. These amendments integrate stakeholder feedback from a public consultation process and satisfy statutory submission requirements under section 103 of the Financial Sector Regulation Act, 2017. The finalized notices are now available in the Government Gazette and on the FSCA website, establishing updated regulatory standards for financial services providers and compliance officers.
Page 1 of 2 FSCA COMMUNICATION 39 OF 2022 (FAIS) PUBLICATION OF NOTICE OF AMENDMENT TO THE GENERAL CODE OF CONDUCT FOR AUTHORISED FINANCIAL SERVICES PROVIDERS AND THEIR REPRESENTATIVES AS WELL AS THE NOTICE ON QUALIFICATIONS, EXPERIENCES AND CRITERIA FOR THE APPROVAL AS A COMPLIANCE OFFICER 1 PURPOSE The purpose of this Communication is to inform stakeholders that today the Financial Sector Conduct Authority (“FSCA”) published in the Government Gazette and on its website the Amendment Notice to the General Code of Conduct for Authorised Financial Services Providers and Representatives, 2022, as well as the Notice of Amendment to the Notice on Qualifications, Experiences and Criteria for the Approval as a Compliance Officer, 2022. 2. BACKGROUND AND CONSULTATION PROCESS 2.1 On 30 November 2020, the FSCA published for public comment the draft Notices proposing to amend the General Code of Conduct for Authorised Financial Services Providers and Representatives, as well as the Notice on Qualifications, Experiences and Criteria for the Approval as a Compliance Officer (“draft Amendments”). The Statements of Need, expected impact, and intended operation of the draft Amendments that was published alongside the draft Notices explained the background and rationale informing the draft Amendments. 2.2 All comments received as part of the public consultation process were considered and are set out in the Consultation Reports published alongside the Amendment Notices, together with the FSCA’s responses to the comments received. 2.3 The Amendment Notices was also submitted to Parliament as required in terms of section 103 of the Financial Sector Regulation Act, 2017 (FSR Act). 2.4 After following the requisite processes as set out in Chapter 7 of the Financial Sector Regulation Act, the FSCA today published the final Amendment Notices and relevant supporting documents.
Page 2 of 2 3 CONTACT For further information regarding this Communication please contact the Regulatory Framework Department of the FSCA by emailing Hannelie Hattingh at hannelie.hattingh@fsca.co.za. UNATHI KAMLANA COMMISSIONER FINANCIAL SECTOR CONDUCT AUTHORITY Date of publication: 2 December 2022