Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002)
Determination of Compliance Report for Authorised Foreign Financial Services Providers, 2009
Board Notice 124 of 2009
Financial Services Board
In terms of section 17(4) of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002) ("the Act"), I, Dube Phineas Tshidi, Registrar of Financial Services Providers, by this notice with its schedule, determine the manner in which the compliance report of foreign financial services providers must be submitted, and the matters which it must have regard to. This determination was made after consultation with the Advisory Committee on Financial Services Providers.
|a)||A written report for the reporting period, conforming to the schedule attached hereto, or in the prescribed electronic format determined by the Registrar, must be submitted by 31 October 2009.|
|b)||Answers should not be provided in columns that are shaded in grey in the schedule.|
|c)||In this Notice and the schedule, unless the context indicates otherwise -|
|i)||any word or expression shall have the meaning that it was assigned in the Act (including any measure contemplated in the definitions of "this Act" as defined in section 1(1) of the Act);|
|ii)||"Code of Conduct" means any Code published under section 15 of the Act;|
|iii)||"Determination of Fit and Proper Requirements" means the Determination of Fit and Proper Requirements for Financial Services Providers, 2008;|
|iv)||"FICA" means the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001);|
|v)||"Foreign FSP or foreign financial services provider" means a financial services provider that is not domiciled in the Republic of South Africa;|
|vi)||"Forex Investment Business Code of Conduct" means the Code of Conduct for Authorised Financial Service Providers, and their Representatives, involved in Forex Investment Business, 2004;|
|vii)||"FSP" or "financial services provider" means an authorised financial services provider, and includes, where applicable, any representative of the provider;|
|viii)||"General Code of Conduct" or "General Code" means the General Code of Conduct for Authorised Financial Services Providers and Representatives, 2003;|
|ix)||"Regulations" means the Financial Advisory and Intermediary Services Regulations, 2003;|
|x)||"reporting date" means 31 August 2009;|
|xi)||"reporting period" means the period from-|
|aa)||the date of authorisation as financial services provider in terms of section 8 of the Act; or|
|bb)||the first day of the month following the reporting period for the 2008 compliance report,|
whichever is the later date, until the reporting date.
This Determination is called the Determination of Compliance Report for Foreign Financial Services Providers, 2009, and comes into operation on the date of publication thereof.
D P Tshidi
Registrar of Financial Services Providers
"Compliance Report Schedule and Forms may be found in Government Gazette No. 32587 dated 21 September 2009.
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