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Regulator profile · FSCA

Financial Sector Conduct Authority

Market conduct regulation — protecting financial customers and ensuring fair treatment across all licensed financial service providers.

At a glance

Established
2018
Parent act
Financial Sector Regulation Act 9 of 2017 (FSRA)
Penalty ceiling
R10 million per contravention
Key register
FAIS Register
Website
https://www.fsca.co.za

Scope of supervision

  • Financial Service Providers (FSPs)
  • Long-term and short-term insurers
  • Collective investment scheme managers
  • Retirement fund administrators
  • Market infrastructure operators

Governing legislation

Acronym Full name and description
FSRA
Financial Sector Regulation Act 9 of 2017
Establishes the Twin Peaks regulatory model. Grants the FSCA its mandate for market conduct oversight.
FAIS Act
Financial Advisory and Intermediary Services Act 37 of 2002
Governs the licensing and conduct of FSPs and their representatives. Prescribes competency, disclosure, and record-keeping requirements.
STIA
Short-Term Insurance Act 53 of 1998
Regulates short-term insurance products, policyholder protections, and insurer conduct obligations.
LTIA
Long-Term Insurance Act 52 of 1998
Governs long-term (life) insurance conduct. Source of Policyholder Protection Rules (PPR).
PPR
Policyholder Protection Rules
Prescriptive conduct requirements for insurers — claims handling, premium collection, and benefit illustration standards.
TCF
Treating Customers Fairly
FSCA's six-outcome market conduct framework. Embedded across all FSCA supervisory activities.
COFI
Conduct of Financial Institutions Bill
Forthcoming legislation consolidating market conduct requirements across all financial institutions.

Key obligations on regulated entities

  1. Hold a valid FSP licence covering all product categories rendered
  2. Key Individuals meet RE1 Regulatory Examination requirements
  3. Representatives meet RE5 competency and CPD requirements (12 hours/year)
  4. Conflict of Interest policy — documented, disclosed, and reviewed annually
  5. Record of Advice (ROA) generated for every advice interaction
  6. Compliance Officer appointed with direct board access
  7. Professional Indemnity insurance maintained at all times
  8. Annual FSCA compliance report submitted within deadline
  9. FAIS Disclosure Notice provided at point of client engagement
  10. Complaints handling process meeting FSCA-prescribed timelines
  11. TCF Management Information reported to board quarterly
  12. Policyholder Protection Rules (PPR) compliance for insurers

Enforcement powers

  • Administrative penalties up to R10 million per contravention
  • Debarment of FSP representatives
  • Withdrawal of FSP licences
  • On-site inspections
  • Compelled production of records
  • Public disclosure of enforcement actions

Key register: FAIS Register (public, searchable online)