Attention: Principals / Business Owners
We have received numerous enquiries in respect of the new guidelines from the FIC and many agents are concerned about the implementation dates and deadlines etc.
We have spent considerable time and money to consult with our attorney’s, Cliffe Dekker Hofmeyr and below you will find an executive summary as well as a pro forma Risk Management and Compliance Programme (“RMCP”) for your attention. This is for your use and you can insert your agency’s name where applicable.
However, there is no final implementation date as yet.
It is the responsibility of the EAAB and, failing them, the FIC to set a date for the implementation of these new guidelines and until that happens you are under no obligation. It obviously serves a purpose to study the documents and get your systems in place so that you can implement same.
One of the rumours we have to address regularly is when and in respect of whom Customer Due Diligence (CDD) (or previously Know Your Client – KYC) must be done. Client identification and verification only needs to happen before the receipt of value (money). Therefore, CDD is not relevant and does not need to occur when taking a mandate or taking a buyer to a property. See paragraph 4.10 of the Executive Summary.
I would like to reiterate that it will serve you well to study the document in detail and familiarise yourself with the acronyms, as it will assist you going forward and will put your mind at ease. It seems daunting but it is not.
We are planning a series of member meetings to supply training and further information once we manage to obtain a response from the EAAB as far as implementation is concerned.
Please also visit our website, where we have published documentation, organograms and step by step guides from the FIC.
Memorandum to REBOSA re – FICA amendments – 20171019
Template RMCP – 20171019