{"id":805046,"date":"2024-12-30T07:00:00","date_gmt":"2024-12-30T05:00:00","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=805046"},"modified":"2024-12-29T17:04:36","modified_gmt":"2024-12-29T15:04:36","slug":"capitec-nailed-by-the-reserve-bank-over-fica-violations","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/trending\/805046\/capitec-nailed-by-the-reserve-bank-over-fica-violations\/","title":{"rendered":"Capitec nailed by Reserve Bank over FICA violations"},"content":{"rendered":"\n<p>South Africa&#8217;s biggest bank by customers, Capitec, has been hit with a R56 million administrative penalty due to non-compliance with certain provisions of the Finance Intelligence Centre Act (FICA).<\/p>\n\n\n\n<p>The South African Reserve Bank (SARB) Prudential Authority (PA) imposed administrative sanctions on Capitec following inspections of the bank in 2021 and 2022.<\/p>\n\n\n\n<p>The 2021 inspection focused on the retail bank segment, and the 2022 inspection focused on Capitec Bank&#8217;s business banking segment.<\/p>\n\n\n\n<p>The fines are due to Capitec&#8217;s failure to comply with certain provisions of the FIC Act. <\/p>\n\n\n\n<p>The sanctions consist of seven cautions, one reprimand and a financial penalty totalling R56.25 million, of which R10.5 million is conditionally suspended for a period of 36 months as from 30 July 2024.<\/p>\n\n\n\n<p>The SARB said that Capitec cooperated with the PA and has undertaken the necessary remedial action to address the identified compliance deficiencies and control weaknesses.<\/p>\n\n\n\n<p>According to the SARB, the contraventions include:<\/p>\n\n\n\n<p><strong>Capitec failed to adequately conduct customer due diligence, enhanced due diligence and ongoing due diligence in respect of the sampled client files. <\/strong><\/p>\n\n\n\n<p>Aspects of non-compliance inter alia included deficiencies concerning the following:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>verification of the identity of client;<\/li>\n\n\n\n<li>identification of the beneficial owners of legal entities;<\/li>\n\n\n\n<li>obtaining and\/or verification of the address and source of funds;<\/li>\n\n\n\n<li>conducting PEP screening and ongoing due diligence including annual reviews for high-risk clients; and<\/li>\n\n\n\n<li>obtaining senior management approval when re-risk rating clients or pertaining to reviews of high-risk clients.<\/li>\n<\/ul>\n\n\n\n<p>&#8220;The PA imposed a caution not to repeat the conduct which led to the non-compliance and a financial penalty of R20 million, of which R5 million is conditionally suspended for a period of 36 months for the retail segment, and a financial penalty of R15 million, of which R2 million is conditionally suspended for a period of 36 months for the business bank segment,&#8221; it said.<\/p>\n\n\n\n<p><strong>Capitec failed to inter alia ensure the timeous reporting of cash threshold reports (CTRs) to the FIC.<\/strong><\/p>\n\n\n\n<p>The PA imposed a caution not to repeat the conduct which led to the non-compliance and a financial penalty of R2 million, of which R1 million is conditionally suspended for a period of 36 months.<\/p>\n\n\n\n<p><strong>Capitec failed to timeously report Suspicious Transaction Reports (STRs) and\/or Suspicious Activity Reports (SARs) to the FIC.<\/strong><\/p>\n\n\n\n<p>The PA imposed a caution not to repeat the conduct which led to the non-compliance and a financial penalty of R5 million.<\/p>\n\n\n\n<p><strong>Capitec failed to attend to Automated Transaction Monitoring System alerts within the required 48-hour period.<\/strong><\/p>\n\n\n\n<p>The PA imposed a caution not to repeat the conduct which led to the non-compliance and a financial penalty of R3 million.<\/p>\n\n\n\n<p>Finally, <strong>Capitec failed to:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>adequately identify, assess, monitor, mitigate and\/or manage its risk associated with CTRs\/CTRAs for possible reporting in terms of section 29 of the FIC Act;<\/li>\n\n\n\n<li>implement its RMCP pertaining to enhanced and ongoing due diligence; and<\/li>\n\n\n\n<li>obtain timeous approval from its board of directors for aspects of its RMCP; and<\/li>\n\n\n\n<li>consider certain risk factors at the stage of onboarding e.g. product risk<\/li>\n<\/ul>\n\n\n\n<p>The PA imposed a caution not to repeat the conduct which led to the non-compliance, a reprimand and a financial penalty of R8 million, of which R2 million is conditionally suspended for a period of 36 months for the retail segment, and a financial penalty of R3.25 million, of which R500 000 is conditionally suspended for a period of 36 months for the business bank segment.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p><strong>Read: <a href=\"https:\/\/businesstech.co.za\/news\/banking\/803407\/capitec-is-eating-absa-nedbank-and-standard-banks-lunch\/\">Capitec is eating Absa, Nedbank, and Standard Bank\u2019s lunch<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Capitec has fallen foul of the Reserve Bank&#8217;s Prudential Authority, and has been hit with a fine due to FICA violations in 2021 and 2022.<\/p>\n","protected":false},"author":10,"featured_media":794688,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_sma_x_autopost_status":"idle","_sma_x_autopost_error":"","_sma_x_post_id":"","_sma_x_attempts":0,"footnotes":""},"categories":[961,1],"tags":[],"class_list":["post-805046","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-banking","category-trending"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/805046","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=805046"}],"version-history":[{"count":3,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/805046\/revisions"}],"predecessor-version":[{"id":805050,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/805046\/revisions\/805050"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/794688"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=805046"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=805046"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=805046"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}