Mopeli & Co Attorneys: Precision in Practice.
Financial Services and
Pension Fund Compliance
Advising Institutions on Regulatory Compliance and Pension Governance
Operating within the financial sector requires continuous vigilance to navigate the complex and rapidly evolving regulatory framework. Our practice provides expert advisory services to financial institutions, service providers, and retirement funds, ensuring complete compliance with South Africa’s key legislation, including the Financial Sector Regulation Act (FSR Act), the Pension Funds Act, and the Financial Advisory and Intermediary Services (FAIS) Act.
We partner with boards of trustees, principal officers, and senior management to develop robust governance structures, manage regulatory risk, and confidently implement new regulatory standards, such as the 'Twin Peaks' model of regulation. Our counsel is focused on pragmatic, commercially-sound solutions that protect assets and uphold fiduciary duties.
Our core services in Financial Services and Pension Fund Compliance include:
- 🔹 Regulatory Advice and Licensing: Providing opinions on legislative obligations, assisting with Financial Service Provider (FSP) license applications, and advising on ongoing 'Fit and Proper' requirements.
- 🔹 Pension Fund Governance and Administration: Advising boards of trustees on their fiduciary duties, drafting and amending fund rules, and ensuring adherence to Regulation 28 investment requirements.
- 🔹 Dispute Resolution and Adjudication: Representing funds, trustees, employers, and members in matters before the Pension Funds Adjudicator (PFA) and the Financial Services Tribunal.
- 🔹 Compliance Audits and Risk Mitigation: Conducting comprehensive compliance reviews to identify and mitigate areas of regulatory non-compliance and reputational risk within the financial services environment.
- 🔹 Section 14 Transfers and Fund Restructuring: Managing the complex legal processes for the transfer of business between funds (Section 14 of the Pension Funds Act) and advising on fund mergers and liquidations.
- 🔹 Unclaimed Benefits and Lost Accounts: Establishing best-practice policies for tracing members and managing unclaimed benefits in line with FSCA requirements.
Our firm provides more than just legal compliance; we deliver a strategic partnership that transforms regulatory adherence into a competitive advantage. Our deep sector knowledge is specifically engineered to meet the stringent demands of the South African financial regulatory landscape.
- 🔹 Proactive Regulatory Foresight – We actively monitor and interpret proposed legislation (e.g., Conduct of Financial Institutions Bill, or COFI), providing clients with early-stage advice to prepare for and influence future regulatory obligations.
- 🔹 Integrated Governance Solutions – We advise on aligning governance frameworks across both prudential (PA) and conduct (FSCA) standards, creating a seamless and defensible compliance environment for 'Twin Peaks' regulation.
- 🔹 Fiduciary Duty Expertise – Our counsel is specifically designed to safeguard trustees and key individuals against personal liability by instituting robust controls and training programs tailored to their specific statutory duties.
- 🔹 Specialised PFA Litigation Track Record – We possess a proven history of successfully defending funds and administrators in PFA complaints, ensuring that costly and precedent-setting determinations are managed effectively.
Related Blog Articles
The regulatory environment for financial services and retirement funds is constantly shifting. Our thought leadership helps professionals stay ahead of compliance obligations and key legal developments.
Our Practice Areas
We provide expert legal services across various fields, ensuring businesses and individuals receive strategic, reliable, and effective solutions tailored to their needs.
Construction Law
With a deep understanding of the complexities within the construction industry, our experts will assist you in navigating and resolving your matter.
Procurement law
Our Procurement Law services are dedicated to ensuring transparency, fairness, and efficiency in the acquisition of goods and services.
Administrative Law
Our Administrative Law services are dedicated to ensuring integrity, fairness, and efficiency in administrative processes.
Commercial law
Our Commercial Law services offer expert support in business transactions, contracts, and regulatory compliance.
OUR APPROACH
Our process prioritizes clear communication, meticulous planning, and unwavering commitment to our clients’ best interests from inception to resolution.
01
CONSULTATION
Our initial step involves comprehensive consultations with our clients, where we attentively listen to their concerns, objectives, and desired outcomes.
02
Strategize
After gaining insights from the consultation, we meticulously analyze the legal landscape surrounding the case, identifying potential challenges, opportunities, and the most effective courses of action.
03
Take Action
With a well-defined strategy in place, we proactively move forward by taking decisive action to advance our clients' interests.
Mopeli & Co Attorneys: Precision in Practice
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