2021-07-06

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Circular Bills VM Update 2021 v2

The Namibia Financial Institutions Supervisory Authority updates the legislative status of the Namibia Financial Institutions Supervisory Authority Bill and the Financial Institutions and Markets Bill, confirming both were approved by the National Assembly and signed by the President. The Financial Services Adjudicator Bill has been removed from the parliamentary roll due to a suggested alternative approach for adjudicating complaints. Following the publication of the Financial Institutions and Markets Act in the Government Gazette, formal consultations on the associated Standards will commence, with the process expected to conclude in approximately nine months before implementation.

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1 | P a g e TO: REGISTERED INSURERS AND REINSURERS, INSURANCE AND REINSURANCE BROKERS AND AGENTS, MEDICAL AID FUNDS, PENSION FUND ORGANIZATIONS, FRIENDLY SOCIETIES, COLLECTIVE INVESTMENT SCHEMES, INVESTMENT MANAGERS, LINKED INVESTMENT SERVICE PROVIDERS, STOCK BROKERS, NAMIBIAN STOCK EXCHANGE AND MICROLENDERS CIRCULAR: NAMFISA/01/07/2021 EFFECTIVE DATE: 02 JULY 2021 SUBJECT: STATUS OF THE BILLS


  1. Introduction 1.1 This circular is issued by virtue of the Namibia Financial Institutions Supervisory Authority’s (NAMFISA) functions and powers and those of its Chief Executive Officer, in his capacity as the Registrar of various financial institutions in terms of various applicable legislation, read with the Namibia Financial Institutions Supervisory Authority Act, 2001. 1.2 The purpose of this circular is to inform the abovementioned industries of the current status of the Bills, namely; the Namibia Financial Institutions Supervisory Authority Bill (NAMFISA Bill), the Financial Institutions and Markets Bill (“FIM Bill”) and the Financial Services Adjudicator Bill (FSA Bill). This circular further serves to inform the abovementioned industries of the process of consultations on the Standards under the FIM Bill. This circular supersedes Circular No. NAMFISA/03/09/2020, dated 28 September 2020, pertaining to the status of the Bills.

2 | P a g e 2. Status of the Bills NAMFISA Bill The NAMFISA Bill was considered and approved by the National Assembly and was signed by the President. FIM Bill The FIM Bill was considered and approved by the National Assembly and was signed by the President. FSA Bill The FSA Bill has been removed from the parliamentary roll as a different approached was counter suggested for implementation in respect of adjudicating complaints. Industry will be kept abreast of key developments on the purported approach at an appropriate juncture. 3. Process of consultations on the Standards under the FIM Bill Once the FIM Act is published in the Government Gazette, NAMFISA will commence formal consultations on the Standards (following the informal consultations that were already conducted) with the industry. The process of consultations (inclusive of iterations) and finalization of subordinate legislation will be concluded in a period of about 9 months. The FIM Act will then be implemented after the subordinate legislation is issued. Kindly submit all queries for clarity or further information at the following email address: projectnewdawn@namfisa.com.na. Sincerely Yours, Kenneth S. Matomola CHIEF EXECUTIVE OFFICER pp

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