Category 02

TCF Fairness

Treating Customers Fairly — embedding the FSCA's six TCF outcomes across culture, product governance, sales processes, and post-sale service.

Applicability gate

A rule's presence does not establish a direct legal duty

Confirm the entity's licensed capacity, actual services, agreement, data-processing role and Schedule 1 status. The audience-qualified publication rows below travel with this library and its public API.

Fais Conduct

Insurance Broker: FAIS and the applicable conduct code govern authorised FSPs and representatives rendering covered financial services. State the firm's licensed capacity and service; do not convert a readiness scan into a legal compliance conclusion.
Uma Binder Holder: FAIS duties apply where the UMA is an authorised FSP or acts through representatives in a covered capacity. Do not infer the licence category or every conduct duty from the UMA label alone.
Insurer: FAIS duties apply to an insurer when it also acts in a capacity requiring FAIS authorisation or through covered representatives. Insurance conduct duties also arise under insurance legislation and policyholder-protection rules; do not collapse those regimes into FAIS.

Key legislation

FSRA 9 of 2017
FAIS Act 37 of 2002
Policyholder Protection Rules

Readiness guidance

Review board minutes for TCF agenda items. Examine the MI framework for outcome-based metrics. Test customer journeys from needs analysis through to claims or cancellation. Request the last four quarterly TCF MI reports.

Rules in this category

12 rules

TCF-01

TCF Governance Framework — board-level TCF policy and accountability structure

Critical

Trigger: No formal TCF framework, policy, or board-level sponsor identified
Section: FSCA TCF Roadmap
Evidence: ['Board-approved TCF policy', 'ExCo terms of reference', 'Board minutes evidencing TCF agenda']
Remediation: Develop board-approved TCF Framework. Designate TCF Champion at ExCo level.

TCF-02

TCF Management Information (MI) — quarterly MI pack tracking six TCF outcome indicators

High

Trigger: No MI framework or MI not reported to board/ExCo level
Section: FSCA TCF Roadmap
Evidence: ['TCF MI pack (last 4 quarters)', 'Board resolution acknowledging TCF MI']
Remediation: Design TCF MI dashboard with KPIs per TCF outcome. Present to board quarterly.

TCF-03

Product Governance — Product Approval Process (PAP) documented for all products

High

Trigger: Products launched without formal PAP or target market assessment
Section: COFI preparedness / PPR
Evidence: ['PAP policy', 'PAP sign-off records per product', 'Product governance committee minutes']
Remediation: Implement PAP with mandatory sign-off gate. Retrospectively document existing products.

TCF-04

Target Market Determination — documented and reviewed at least annually

High

Trigger: Target Market Determination absent or not reviewed within 12 months
Section: COFI preparedness / FSCA guidance
Evidence: ['Target Market Determination per product', 'Review date records']
Remediation: Conduct Target Market Determination for all products. Schedule annual review.

TCF-05

Customer disclosure — Key Information Documents (KID) provided pre-sale

High

Trigger: KID not provided before contract conclusion or missing prescribed content
Section: General Code of Conduct s.7
Evidence: ['KID templates', 'Delivery confirmation records', 'Digital delivery timestamps']
Remediation: Update KID templates. Implement pre-sale delivery checkpoint in sales workflow.

TCF-06

Needs analysis — documented for every advice interaction

High

Trigger: Advice rendered without documented needs analysis or financial profile
Section: General Code of Conduct s.8
Evidence: ['Needs analysis template', 'Completed forms per client (sample)', 'CRM audit trail']
Remediation: Embed needs analysis form in CRM. Make completion mandatory before product recommendation.

TCF-07

Product performance monitoring — claims ratios, lapse rates, and surrender values tracked

Medium

Trigger: No performance monitoring framework or indicators not reviewed quarterly
Section: FSCA TCF Roadmap — Outcome 5
Evidence: ['Product performance dashboard', 'Quarterly MI report extract']
Remediation: Build product performance MI. Include claims ratio, lapse rate, and surrender value trends.

TCF-08

Post-sale communication — policy documents issued within prescribed timeframes

Medium

Trigger: Policy schedules issued > 31 days after inception
Section: PPR
Evidence: ['Policy issuance report (inception vs dispatch dates)', 'Process flow documentation']
Remediation: Audit policy issuance turnaround. Fix workflow bottlenecks exceeding 31-day limit.

TCF-09

Cancellation and switching — process documented with no unreasonable barriers

High

Trigger: Cooling-off rights not disclosed or cancellation process exceeds regulatory norms
Section: PPR / FSCA TCF Outcome 6
Evidence: ['Cancellation policy', 'Cooling-off disclosure template', 'Cancellation turnaround data']
Remediation: Document cancellation process. Test cancellation journey. Disclose cooling-off rights at inception.

TCF-10

Vulnerable customer identification — framework for identifying and accommodating vulnerable customers

Medium

Trigger: No vulnerable customer policy or staff training records
Section: FSCA TCF guidance
Evidence: ['Vulnerable customer policy', 'Training records', 'Case logs']
Remediation: Develop vulnerable customer policy. Train all customer-facing staff. Document accommodation procedures.

TCF-11

Remuneration structures — commission not incentivising poor customer outcomes

High

Trigger: Sales incentive structures linked solely to volume without quality metrics
Section: FAIS Act / Remuneration Regulations
Evidence: ['Incentive/commission structure documents', 'Sales quality KPI data']
Remediation: Introduce quality metrics (complaints rate, lapse rate) into incentive structure. Document change.

TCF-12

TCF self-assessment — annual self-assessment submitted to FSCA where required

Medium

Trigger: TCF self-assessment overdue or not submitted where mandated
Section: FSCA TCF Roadmap
Evidence: ['Completed self-assessment', 'Submission acknowledgement']
Remediation: Complete self-assessment using FSCA framework. Submit and retain evidence of submission.