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Home / Compliance and Legislation / Page 16

Compliance and Legislation

Videos

Day 2 Highlights from the FSCA Industry Conference 2026

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Day 1 Highlights from the FSCA Industry Conference 2026

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Budget: Key changes for taxpayers and investors

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Criminal liability for small businesses that fail to register for VAT

Exceeding the R1m threshold without registering could have serious consequences for businesses. SARS is stepping up enforcement, with a wave of cases landing in the Specialised Commercial Crimes Court.

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Judge rebukes bank for ‘high-handed’ approach to credit agreement reinstatement

Credit providers must quantify their reasonable enforcement costs promptly to allow for an agreement to be reinstated.

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Proposals for stricter guidelines for foreign collective investment schemes

The updated guidelines focus on investor protection, derivatives usage, and strict reporting measures.

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FSCA slaps R2.2 million in fines on FSPs for FICA violations

The FSCA highlights the role of RMCPs in safeguarding financial institutions and the financial system after compliance breaches by two FSPs.

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Even serious misconduct requires a fair and lawful debarment process

The Tribunal’s ruling highlights that following the correct process is as important as addressing misconduct in the financial services sector.

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No room for dishonesty: Tribunal upholds decision to reject FSP licence

The case illustrates how discrepancies in disclosure can undermine an individual’s suitability for a key role, resulting in the rejection of a licence application.

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Arrear contributions: FSCA publishes third list of defaulting employers

A longer annexure of employers who have cleared their arrears or arranged to do so signals the effectiveness of the Authority’s ‘name and shame’ campaign.

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Agreement can’t override an FSP’s duty to initiate debarment proceedings

The High Court rules on a former employee’s contention that the FSP’s notice of intention to debar was a breach of their settlement agreement.

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Shareholder ties don’t lessen FICA compliance obligations

The Appeal Board dismisses an FSP’s argument that its close ties with its sole shareholder reduced the need for comprehensive due diligence.

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Treasury proposes new framework to regulate hedge funds outside CIS

The proposal is for hedge funds to be subject to a different tax regime, potentially removing the ‘revenue versus capital distinction’ that causes tax uncertainty.

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FIC tightens crypto asset compliance with ‘travel rule’ directive

Starting 30 April 2025, CASPs and FSPs will have to collect and share detailed client information when engaging in crypto transfers.

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Bank fraud: FICA doesn’t create a private law right to third-party damages

A couple who were victims of business email compromise argued that FICA imposed a private law duty on Nedbank to protect them from financial harm.

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R7.7m fine stands as FIC Appeal Board rules against law firm

The firm of attorneys said its non-compliance was not intentional and was the result of a lack of awareness.

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Corporate taxpayers sceptical of SARS’s service delivery gains

Half of corporate taxpayers in PwC’s latest survey express dissatisfaction with SARS’s service improvements. Only 3% report a positive shift, while audit delays and penalty disputes remain a major pain point.

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Dispute over cancelled policy: FST orders FAIS Ombud to reconsider decision

The Tribunal’s decision underscores that financial advisers’ duties are limited to the specific terms of their engagement.

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Temporary RE exemption for crypto FSPs extended

The Authority gives crypto asset service providers a seven-month reprieve.

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FSCA and PA to revamp funeral insurance regulations – call for stakeholder input

Inputs provided during workshops in 2025 will guide the formulation of ‘a pragmatic and balanced approach’ to the regulation and supervision of funeral insurance.

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