The Financial Sector Conduct Authority (FSCA) published its final Conduct Standard for Banks, accompanied by a supporting Statement and Consultation Report. This regulation establishes mandatory conduct requirements to ensure the fair treatment of financial customers and empowers the Authority to supervise banking sector practices. Implemented under the Financial Sector Regulation Act, the Standard marks the foundational step toward a comprehensive market conduct framework for South African banks.
FSCA COMMUNICATION 38 OF 2020 (BANKS)
Publication of final Conduct Standard for Banks
Purpose
The purpose of this Communication is to inform stakeholders that today the Financial Sector
Conduct Authority (FSCA) published the following supporting documents:
• Conduct Standard for Banks;
• Statement supporting the Conduct Standard; and
• Consultation Report.
Background
2.1 With the introduction of the Financial Sector Regulation Act in 2018, the FSCA was given
the explicit mandate of regulating and supervising the conduct of banks in relation to the
provision of financial products and services.
2.2 As part of fulfilling this mandate and bearing in mind various risks identified in the banking
sector, the FSCA identified a critical and urgent need to develop a Conduct Standard for
banks in order to enable it to supervise banks.
2.3 The Conduct Standard for Banks is therefore the first step towards rolling out a
comprehensive market conduct regulatory framework for the banking sector.
2.4 The main objective of the Conduct Standard is to introduce requirements ensuring the
fair treatment of financial customers of banks.
2.5 The Conduct Standard underwent a comprehensive public consultation process coupled
with industry specific engagements. The Conduct Standard was also submitted to
Parliament as required in terms of section 103 of the Financial Sector Regulation Act,
2017 (FSR Act).
2.6 Following requisite processes as set out in Chapter 7 of the Financial Sector Regulation
Act, the FSCA today published the final Conduct Standard and relevant supporting
documents.
3. Availability of Information and Equiries
3.1 The documents referred to in paragraph 1 is available on the FSCA’s website at
www.fsca.co.za.
3.2 For more information regarding the Conduct Standards and/or this Communication
please contact the Regulatory Framework Department of the Authority at
Hannelie.hattingh@fsca.co.za.
Date of publication: 3 July 2020
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