2021-07-09
The Prudential Authority issues Guidance Note 4 of 2021 to propose revised implementation dates for outstanding Basel III regulatory reforms in South Africa. These adjustments account for industry requests, quantitative impact studies, and the operational challenges posed by the Covid-19 pandemic. The document outlines specific deadlines for reforms such as large exposures, TLAC, and credit risk frameworks, ranging from January 2022 to 2028, subject to final legislative promulgation.
P O Box 427 Pretoria 0001 South Africa 370 Helen Joseph Street Pretoria 0002 +27 12 313 3911 / 0861 12 7272 www.resbank.co.za 1 Ref.: 15/8/2 G4/2021 To: All banks, branches of foreign institutions, controlling companies, eligible institutions and auditors of banks or controlling companies Guidance Note 4/2021 issued in terms of section 6(5) of the Banks Act 94 of 1990 Proposed implementation dates in respect of specified regulatory reforms Executive summary Following the global financial crisis that commenced in 2007, various international standard-setting bodies have agreed to put in place, among others, comprehensive measures, policies, regulations and reforms to promote financial stability as well as the safety and soundness of individual financial institutions. In this regard, the Basel Committee on Banking Supervision (Basel Committee) has issued various new or amended frameworks, standards or requirements for implementation by member jurisdictions. The outbreak of the coronavirus disease pandemic (Covid-19) had far-reaching consequences to date for, among others, financial markets and economies across the world. As such, governments have announced not only drastic measures to mitigate the risk of an uncontrollable spread of Covid-19, but also measures to protect financial markets and economies from suffering permanent damage. In addition, standardsetting bodies of prudentially regulated institutions have announced comprehensive measures to mitigate the impact that the outbreak of Covid-19 has on preparations by regulators and institutions towards the implementation of the respective new or amended frameworks, standards or requirements. Based upon, among others, industry requests received, quantitative impact studies, progress by member jurisdictions of the Basel Committee to implement the reforms, regulatory responses to the outbreak of Covid-19, and other matters related to implementation complexity, the Prudential Authority (PA) proposes to implement the outstanding regulatory reforms in South Africa on the dates set out in this Guidance Note.
2 This Guidance Note replaces Guidance Note 7 of 2020.
3 1.9 Based upon, among others, industry comments and requests, quantitative impact studies, progress by member jurisdictions of the Basel Committee to implement the reforms, regulatory responses to the outbreak of Covid-19, and other matters related to implementation complexity, the PA proposes a revision to the implementation dates of the outstanding regulatory reforms in South Africa as set out below. 1.10 This Guidance Note replaces Guidance Note 7 of 2020. 2. Proposed implementation dates 2.1 Based on the aforesaid, it has been decided to revise the proposed implementation dates in South Africa for specified regulatory reforms, as follows: Regulatory reform Prudential Authority-proposed revised implementation date Large exposures framework 1 January 2022 Total Loss Absorbing Capacity (TLAC) Holdings 1 January 2022 Interest rate risk in the banking book 1 June 2022 Interest rate risk in the banking book: Disclosure requirements 1 June 2022 Revisions to the securitisation framework 1 July 2022 Revised standardised approach for credit risk framework 1 January 2023 Revised internal ratings based approach framework 1 January 2023 Revised operational risk framework 1 January 2023 Leverage ratio – revised exposure definition 1 January 2023 Minimum capital requirements for market risk 1 January 2024 Revised credit valuation adjustment framework 1 January 2024 Output floor 1 January 2023: 50%1 1 January 2024: 55% 1 January 2025: 60% 1 January 2026: 65% 1 January 2027: 70% 1 January 2028: 72.5% 2.2 However, ultimately, amendments to the Regulations are promulgated by the Minister of Finance in terms of section 90 of the Banks Act, 1990, for implementation, only when the National Treasury and the Minister of Finance, as a minimum2.2.1 have concluded their own respective processes related to, for example, consideration of any relevant proposed amendments to legislation; and 1 This excludes the revised market and credit valuation adjustment risk frameworks
4 2.2.2 are satisfied that a sufficiently robust consultation process has been followed in respect of the said proposed amendments to legislation. 2.3 As such, should any of the aforementioned proposed implementation dates need to be revised due to, for example, the nature and extent of comments received and/or the PA’s ongoing engagements with all relevant interested persons, including the National Treasury and the Minister of Finance, the PA will accordingly communicate the said revised proposed implementation dates. 2.4 Where applicable, parallel runs will commence at least three months prior to the relevant proposed implementation date, the relevant details of which will also be communicated by the PA in due course. 3. Statement of expected impact 3.1 In order to ensure adequate engagement and that the potential impact, costs and benefits of proposed amendments to the Regulations are duly considered and measured, the preparation of a statement of expected impact forms an integral part of the process of proposing amendments to the Regulations, with an invitation for all interested persons to submit their comments. 3.2 As part of the aforementioned processes, the PA engages all banks and other relevant persons on the respective reforms, in order to gather the necessary qualitative and quantitative information that the PA requires to determine or assess the potential impact of the proposed amendments to the Regulations, as well as to prepare the aforementioned statement of expected impact. 3.3 All comments received related to the potential impact, costs and benefits of the proposed amendments to the Regulations as well as the comments received in respect of the actual proposed amendments to the Regulations will be published on the website of the PA, unless a respondent specifically requests confidential treatment of such comments. 4. Acknowledgement of receipt 4.1 Kindly ensure that a copy of this guidance note is made available to your institution’s independent auditors. The attached acknowledgement of receipt, duly completed and signed by both the Chief Executive Officer of the institution and the said auditors, should be returned to the PA at the earliest convenience of the aforementioned signatories. Kuben Naidoo Deputy Governor and CEO: Prudential Authority Date: Encl. 1 The previous guidance note issued was Guidance Note 3/2021, dated 18 February 2021. 2021-07-08