South African banking regulation Q&A: twin peaks (FSR/FSLA), Prudential Authority and FSCA, resolution and deposit insurance, capital/AML, fintech, ownership, foreign branches and M&A

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Banking regulation—South Africa—Q&A guide

This Practice Note offers a jurisdiction-specific Q&A on banking regulation in South Africa, published within Law Business Research’s Lexology Getting the Deal Through series (law stated at: 11 February 2022). Authors: White & Case—Joz Coetzer; Jennifer Stolp; Marianna Naicker.

1. What are the principal governmental and regulatory policies that govern the banking sector?

In 2011, National Treasury released the policy paper titled ‘A safer financial sector to serve South Africa better’ (the 2011 Policy Document). The 2011 Policy Document sets out policy priorities for the financial services sector, including:

Stability and soundness of financial institutions.

The South African Reserve Bank (SARB)—South Africa’s central bank—has as its primary purpose the protection of the value of South Africa’s currency, in the interests of balanced and sustainable economic growth in South Africa. The SARB also assesses the stability and efficiency of South Africa’s financial system. The Financial Sector Regulation Act 2017 (the FSR Act) commenced on 29 March 2018 and brought into effect, from 1 April 2018, the twin peaks model for financial sector reform, implementing this regulatory architecture across the system...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...