1. COFI Bill Update
Chantal Manson
Liberty Group
July 2019

2. AGENDA UPDATE FOR RETIREMENT FUND INDUSTRY 1
Approach to licensing Independent/Professional Trustees 2
Sponsors and Employers 3
Who is ultimately accountable to the members of the fund under COFI? 4
Transformation 5
Regulatory uncertainty 6
Next steps

3. FINANCIAL SECTOR REGULATIONS ACT (01/04/18) Regulatory instruments
COFI Bill
FAIS
FMA
PFA
PPR
RDR
CISCA
STIA
LTIA
TCF
Financial Institution Facing
FSCA
Governance
Issue product
Sales & distribution
Advice
Disclosures
Post sales
Outsourcing
Claims & complaints
Regulatory Architecture
Regulator Facing PA PA
SARB Act
Insurance Act
Banks Act
PRUDENTIAL
MARKET & BUSINESS CONDUCT
Regulatory instruments
Standards
Guidance Notes
Interpretation Notes
Inspection
Investigations
Administrative
Action
Directives
Enforceable undertakings
Debarment
Supervisory tools
Supervisory tools

4. Risk based & proportionate
What is COFI all about
New legal framework
Streamlines the legal landscape for conduct regulation in the financial sector and gives legislative effect to the market conduct policy approach.
Will strengthen customer protection by putting in place a single comprehensive market conduct law in the financial sector, resulting in the consistent application of consumer protection principles across the sector.
Gives more flexibility and better tools to the regulator to support emerging new financial institutions.
Gives legal effect to transformation and inclusion requirements in support of targets agreed through the Financial Sector Transformation Council and specified in the Financial Sector Code.
Support competition and innovation
Activity based
Principle based
Outcomes focused
Risk based & proportionate

5. Approach to licensing Independent/Professional Trustee
It is inappropriate that any members of boards of funds should be licensed – this would be similar to requiring members of boards of companies to be licensed
Possible unintended consequences could arise where there are different types of trustees where some are classified as 'professional' and others not
All trustees, irrespective of how they are appointed, are all subject to the PFA which requires all trustees to act independently, impartially, are jointly and severally liable, and must avoid conflicts of interest (fiduciary duties).
No support for this proposal
Unclear what exactly is the intention with this proposal

6. Sponsors & Employers Employer SPONSOR
Definition should be defined further to clarify the different types of sponsors
There are nuances and interactions differ depending on type of sponsor and type of fund:
Employer sponsor
Industry sponsor (union and bargaining councils)
State sponsor
Financial Institution sponsor
Employer
Biggest concern with employers is s13A of the PFA
What should the consequences be for non-compliance, which needs to be a careful balancing act so that employers are not disincentivized to participate in retirement funds?
How is it intended to bring employers into the COFI Bill - would they be seen as a supervised entity? (this needs to be explored further)

7. Who is accountable to the members of the fund?
Accountability of different financial institutions in value chain – retirement fund, insurer, CIS?
Chapter4 Advice and distribution by another FI eg: PFA Default Regulations which allows a member the option to opt out, and the Fund doesn't even know if member is obtaining advice.
Complaints – s13B administrator, insurer or retirement fund?
Product Design – occupational funds - benefits provided for in the fund rules is dictated by what is contained in the employment contract (eg: % of contributions, multiple of approved risk cover).
Principles are created in Bill and the different layer in putting into practice will be dealt with through the standards
Depends on the particular circumstance
The context and reasonability needs to be considered in each situation.
The board is ultimately responsible to the members of their funds.
However, legal certainty required under COFI
COFI needs to be clear as to what applies to whom and who has the primary obligation - especially for members and who the member must approach for what

8. Transformation
The intention is not to duplicate DTI responsibility for BBEEE Act
The FSCA (through COFI) will provide support as they have a front line relationship with the FI and will see how FI are going give effect and deliver on stated objectives and commitments (eg: how do FI embed and deliver on transformation)
Transformation Council Process/ Commission will continue set targets

9. Regulatory uncertainty
Which takes precedence where conflict
LTIA & PPR √
Overlap IA and Standards
FAIS √
CISCA?
PFA?
FMA?
CMS?
The transitional provisions as currently written create uncertainty
Prudential Supervision of Retirement Funds & CIS
Licencing – targeted customer segment
Which sections of the PFA are best placed under COFI and will be required to migrate to a conduct standard?

10. FSCA Regulatory Strategy
Next Steps
Working through submissions (over 800 pages) - anticipated Bill will be subject to revisions based on public consultation process
More urgent pressing changes will happen in the interim through conduct standards
NT still hoping for the Bill to be presented to Cabinet this year
There will be further consultation on COFI and retirement funds
COFI Bill is part of the broader strengthening of market conduct in SA (other initiatives include i) Reform of ombuds system ii) consumer financial education iii) retail banking)
After promulgation
CoFI Act will not be able to come into immediate force and effect
Conduct standards are needed to underpin provisions of CoFI
FSCA Regulatory Strategy
Sets out objectives for the next 3 years
6 strategic priority focus areas
‘a robust regulatory framework that promotes fair customer treatment’
Interim Measures
Amendments to existing market conduct legislation
Conduct Standards
Exercising its FSR Act supervision and enforcement powers
Regulatory
Framework

11. THANK YOU