South Africa fintech & payments: VASPs licensed under FAIS; MVTS regulated by SARB
Virtual Asset Service Providers (VASPs) are regulated as financial service providers under the FAIS Act, requiring licensing from the FSCA. The framework was established in 2022, with a mandatory application window closing in November 2023.
Money and Value Transfer Services (MVTS) are supervised by the South African Reserve Bank (SARB) under the National Payment System Act. Banks and foreign branches must register MVTS agency arrangements with the Prudential Authority.
The regulatory landscape is overseen by the FSCA for conduct and the Prudential Authority (PA) for prudential standards, operating under the Financial Sector Regulation Act 2017.
Financial Sector Regulation Act (2017)
Establishes the dual-pillar regulatory structure with the FSCA and Prudential Authority and provides the framework for designating financial services.
[3]Financial Advisory and Intermediary Services Act (2002)
The primary legislation under which crypto assets are declared financial products and VASPs must obtain licenses.
[1]Crypto Asset Service Provider (FAIS)
Providers of crypto asset financial services must apply for a license under the FAIS Act. A temporary exemption allowed operations during the application period. Timeline: Application window: 1 June 2023 to 30 November 2023
[1]Money or Value Transfer Service (MVTS)
Banks, controlling companies, and foreign branches must register MVTS agency arrangements with the regulator. Timeline: Directive D9/2022 issued in 2022
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