Some of Our Services

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South African non-banking financial institutions 

· Collective investment scheme managers (“CIS managers”) (including foreign collective investment scheme managers)

o Traditional unit trusts (CIS in securities)

o Exchange traded funds (“ETFs”)

o Foreign CIS

o Hedge funds (CIS in hedge funds)

· Financial services providers (“FSPs”)

o Category I FSPs

§ Crypto asset service providers (“CASPs”) (“Crypto asset FSPs”)

§ Financial advisors

o Category II FSPs

§ Discretionary FSPs

§ Asset/investment managers

§ Crypto asset arbitrage traders

o Category IIA FSPs

§ Hedge fund FSPs

o Category III FSPs

§ Administrative FSPs

§ Linked investment services providers

· Insurers

· Retirement fund administrators (“Section 13B administrators”)

· Over-the-counter (“OTC”) derivative providers (“ODPs”)

· Central securities depository

· Credit providers

Non-South African domiciled financial institutions (Mauritius; Jersey)

Independent compliance practices (other)

• Phase 1: Compliance due diligence review/gap analysis (if requested by client)
• Phase 2: Remedial action/gap resolution (if requested by client)
• Phase 3: Ongoing compliance services

  · Banks Act

· Collective Investment Schemes Control Act (“the CISCA”)

· Exchange Control Regulations (the Excon Regulations”)

· Financial Advisory and Intermediary Services Act (“the FAIS Act”)

· Financial Intelligence Centre Act (“the FICA”)

· Financial Markets Act (“the FMA”)

· Financial Sector Regulation Act (“the FSRA”)

· Medical Schemes Act (“the MSA”)

· Pension Funds Act (“the PFA”)

· Prevention and Combating of Corrupt Activities Act (“the Prevention Act”)

· Prevention of Organised Crime Act (“the POCA”)

· Promotion of Access to Information Act (“the PAIA”)

· Protection of Constitutional Democracy against Terrorist and Related Activities Act (“the POCDATARA Act”)

· Protection of Personal Information Act (“the POPIA”)

  · Applications to regulators, to apply for licenses, and make changes to existing licenses

o Application for registration as a CIS manager

o Application for approval to distribute/market/solicit Foreign CIS in South Africa (Section 65 of the CISCA)

o Application for authorisation as an FSP

o Application for approval as an ODP

o Application for approval as an Administrator of retirement funds (Section 13B administrator)

o Application for approval as a Nominee

· Due diligence reviews/gap analysis

o Compliance due diligence reviews

o Risk management due diligence reviews

· New/changed legislation/regulations (assess; review; interpret; comment; implement)

· Compliance risk management frameworks (Implement/assess/review/update: regulatory universe; compliance charters; policies; manuals; monitoring programmes; compliance risk management plans)

Special projects 

• Statutory submissions (monitoring; verifying; reminding; submitting)
• Supervise/guide/assist/mentor/support internal Compliance functions/officers (effectively performing a Head/Senior compliance role, independently)
• Compliance related advice, and guidance
• New/changed legislation/regulations (assess; review; interpret; comment; implement)
• Compliance risk management frameworks (Implement/assess/review/update: regulatory universe; compliance charters; policies; manuals; monitoring programmes; compliance risk management plans)
• Compliance monitoring checklist templates, monitoring plans, risk management plans (create/review/update)
• Compliance monitoring reviews
• Training material, presentations, assessments (create/review/update)
• Training sessions (onsite, Microsoft Teams, Skype, or similar)
• Agreements and policies (prepare/review/update)
• Application forms, minimum disclosure documents, advertising, information documents, marketing material (assess/review/guide)
• Problem solving

• Investment compliance monitoring systems (assess/implement)
• New/changed investment limitations (assess; review; interpret; comment; implement)
• Investment compliance rules (create, maintain, monitor, report)
• Data management

• Risk management frameworks, policies, and plans (Create/review/update)
• Guidance about managing risks
• Risk management control environment (assess/review/guide)
• Independent evaluation of risk management processes