Regulations pertaining to
banking in
South Africa follow a "twin peak" model, being set by two major independent entities; the
Financial Sector Conduct Authority (FSCA), and the
Prudential Authority (PA). This model was established as part of the 2017
Financial Sector Regulation Act (FSR Act). On the one side, the FSCA governs market conduct regulations, supervising and setting regulations for the conduct of financial institutions. On the other side, the PA governs prudential regulations. The PA is focused on the regulation and supervision of financial institutions that provide financial products or services and market infrastructure. Together, these two authorities carry out their functions in order to protect financial customers and maintain financial stability in South Africa. All banks in South Africa have to register as such, and comply with the Banks Act.
The South African Reserve Bank The
South African Reserve Bank (SARB), is the national monetary authority, and serves as South Africa's
central bank, having been established in 1921. SARB was the fourth central bank established outside of Europe, having existed since 1921. It is headed by a Governor, a role which is currently held by
Lesetja Kganyago, who succeeded
Gill Marcus. SARB has, among others, the following responsibilities within its remit: • Formulating and implementing
monetary policy • Issuing bank notes and coins • Controlling gold and
foreign-exchange reserves • Supervising the financial services sector • Acting (independently) as banker to the
South African Government • Ensuring the effective functioning of the national payment system (NPS) • Acting as
lender of last resort in exceptional circumstances • Administering the country's remaining exchange controls
Other entities Regulatory authorities and government entities working in the banking sector include: • Financial Intelligence Centre (FIC) • Financial Action Task Force (FATF)
Legislation Legislation that governs banking in South Africa includes: •
Banks Act, 1990. •
Financial Sector Regulation Act, 2017. Prudential Authority within SARB. •
Financial Intelligence Centre Act, 2001 and Financial Intelligence Centre. •
Financial Advisory and Intermediary Services Act, 2002 (FAIS). •
National Credit Act, 2005 (NCA). •
Information Regulator and Protection of Personal Information Act, 2013 (POPI). •
South African Reserve Bank Act 90, of 1989 •
Postbank Limited Act 9, of 2010 •
National Payment System Act 78, of 1998 •
Companies Act 71, of 2008 The FSR Act regulates co-operation between the FSCA and PA, the SARB, the Financial Stability Oversight Committee, the National Credit Regulator, and the FIC. ==References==