In the financial sector, transformation and compliance with BBBEE (Broad-Based Black Economic Empowerment) codes play a significant role in promoting economic inclusion and diversity. Recently, we've been receiving queries from clients about BBBEE communication related to the Financial Sector Transformation Council (FSTC) and the Financial Sector Conduct Authority (FSCA). To clear up any confusion and provide clarity, let's delve into the key requirements and application of BBBEE reporting for financial institutions.
What is the FSTC and its Mandate?
The FSTC, or Financial Sector Transformation Council, is tasked with obtaining BBBEE statistical data from entities operating in the financial services sphere. Their objective is to monitor and assess progress concerning BBBEE within the financial sector. Annually, the FSTC sends out requests for statistical data to compile a comprehensive report on the advancement of financial institutions with respect to the Financial Sector BBBEE codes.
Applicability: Who Needs to Report?
Various sectors and companies within the financial domain are required to report their BBBEE progress to the FSTC. The entities asked to report include, but are not limited to:
• Banking institutions
• Long-term and short-term insurance companies
• Re-insurance companies
• Retirement fund administrators
• Collective investment scheme asset managers
• Financial services intermediaries and brokerage firms (FSP's)
• Public entities involved in the financial sector (e.g., DBSA, Land Bank)
• Asset management, consulting, and administration firms
• Private equity, venture capitalist, and impact investor firms
• Entities managing investments on behalf of the public (including those listed in financial indexes)
The reporting scope also encompasses underwriting management agents and industry trade associations operating within the financial sector.
What are the Penalties for Non-Compliance?
There are currently no financial penalties or criminal sanctions if you do not comply. However, If BBBEE compliance is important to you it's crucial for financial institutions to meet the reporting requirements on time. Failure to submit the necessary reports to the FSTC will result in an automatic discount of one BEE level in the next rating period. Although the Council has the right to name non-compliant institutions, there has been no such action taken yet.
Any Exclusions from the Amended FSC?
There are certain exemptions from the Amended FSC (Financial Sector Charter) reporting. It does not apply to:
• natural or juristic persons who do not have trading operations within the Republic of South Africa
• trading operations of such persons outside South Africa
• managers of investments on behalf of the public who are not subject to regulation by the FSCA (such as lawyers who hold money in intermediate trusts etc.)
Reporting Process: How to Comply
The reporting process varies depending on the size and status of the financial institution:
Deadline and Contact Information
Full and final verification reports must be submitted to the FSTC no later than the end of the business day on Friday, 13 October 2023. The submission is to be done electronically via email to firstname.lastname@example.org with the subject line: "FSTC 2021/22 Reporting – (name of entity])." While entities have sometimes been allowed to submit after this date in the past, it's essential to adhere to the specified deadlines.
Should any entity face difficulties in providing the requested information, they can reach out to the FSTC at email@example.com or call (011) 838 6696 or call us for assistance.
What is this?
The FSTC recently sent out important reporting changes and information. See the original communication here. To be clear, the FSTC is not to be confused with the FSCA. Although this does not fall in the realm of FAIS compliance, we thought it is a good idea to perhaps just summarise the requirements and application thereof.
Usually the BEE components of a business is handled internally/with HR or accountants in consultation with Verification Agents (BEE Compliance Officers) if need be.
The FSTC is mandated to obtain BBBEE statistical data from entities operating in the financial services sphere on their progress relating to BBBEE. They send out a request once a year for statistical data so they can compile their annual report on the progress of Financial Institutions with the Financial Sector BBBEE codes.
Who does this apply to?
The sectors/companies asked to report are:
This does not apply to:
How do I report if I need/want to?
Changes in Submission of Reports:
It is extremely important to note that the FSTC changed the method for companies to submit reports. The FSTC will NO LONGER accept reports via the reporting email.
The reports and supporting documents should be submitted as a folder through Drop Box. All report should now be submitted electronically to the Drop Box link: https://www.dropbox.com/request/YYZggWgIZT3BwJrh4AP5 with the folder named: FSTC 2020/21 Reporting– (name of entity).
FIs were requested to submit the full final verification reports, to the FSTC no later than the end of the business Friday, 12 August 2022. All reports are to be submitted electronically to the Drop Box link.
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Should an entity encounter difficulty in providing the above-requested information they should contact the FSTC at firstname.lastname@example.org, or call (011)838 6696 or get in touch with their respective Trade Associations for more clarity
by: Horizon Compliance team