‘Courts should not simply rubberstamp punitive costs orders against defaulting consumers’
Judge says the courts have a duty to assess whether contracts do not offend against constitutional principles, as well as the NCA and the CPA.
Compliance and Legislation
SA Reserve Bank fines Grindrod Bank R10.73m for FICA non-compliance
The administrative sanctions are the result of an inspection conducted by the Prudential Authority three years ago.
CMS publishes list of approved medical scheme options for 2024
According to the circular, the regulator has approved the launch of only one new option next year.
FIC extends deadlines to comment on two draft guidance communications
These are the PCCs relating to beneficial ownership and the targeted financial sanctions obligations.
FSCA revises the timelines for the roll-out of Omni-CBR
The Authority has noted the industry’s feedback, but Moonstone’s main concern with the first version of the return remains.
Two pots: proposed implementation date is neither 1 March 2024 nor 1 March 2025
The Minister of Finance responds to the Standing Committee on Finance’s call for the implementation date to be moved to 1 March next year.
Considerations when deciding whether to keep a company dormant or close it
An entity can formalise its dormancy by way of a liquidation process or by deregistering with the Companies and Intellectual Property Commission.
Tribunal sets aside debarment of rep who copied and pasted a client’s signature
An affidavit from the client contradicts the bank’s version that the representative acted fraudulently.
FSCA discloses how many crypto licence applications it is processing
Some 20% of the applications received by the end of October were withdrawn for various reasons.
Study looks at impact of grey-listing on stock market returns
The SA Reserve Bank says grey-listing is one of the reasons for the record outflows from the country’s capital markets.
FATF releases report on SA’s progress with addressing compliance deficiencies
Following the re-ratings, South Africa is now deemed to be fully or largely compliant in 35 of the 40 Recommendations.
Draft guidance on how accountable institutions must comply with their financial sanctions obligations
The FIC’s Public Compliance Communication addresses the updated approach to TFS as set out in the amended legislation.
Comply with Directive 7 by Friday or face the consequences, says FIC
The Financial Intelligence Centre says many accountable institutions have ignored its instructions to submit a risk and compliance return.
FSCA publishes extensive draft Conduct Standard for CIS managers
Implementing the draft Conduct Standard will have cost implications for CIS managers – some of which may be substantial, particularly for smaller managers.
Treasury clarifies aspects of the renewable energy tax incentive for businesses
Lessors that invest in qualifying assets that are leased to lessees under operating or finance lease arrangements will be able to benefit from the incentive.
FIC issues draft risk assessments for company service providers and dealers in precious metals and stones
The risk assessment reports are intended to help accountable institutions understand their money laundering and terrorism financing risks.
South Africans abroad must review their Sars profiles for tax compliance
The South African Revenue Service is flagging tax returns that have not been filed and where it has third-party information available to it.
