Date
February 2016
 
Dear stakeholder    
     
   

The period between the last edition of Dispatches at the end of each November and the first edition of the New Year has traditionally been very quiet. However, this is certainly not true for the three months that have passed since we distributed the November 2015 edition of Dispatches.

In December there was the unexpected removal of Nhlanhla Nene from the position of Finance Minister, which came only days after the downgrade of SA’s credit rating to just one level above speculative grade or junk. A few days later the new Finance Minister, David van Rooyen, was replaced by Pravin Gordhan.

This year started with Minister Gordhan calling on business leaders to continue partnering with Government with the aim of avoiding a further credit rating downgrade and to accelerate economic growth and job creation.

Business leaders, including ASISA members, confirmed their commitment to working closely with Government and all other stakeholders on a number of specific initiatives. These include making South Africa a more attractive destination for investors, supporting job creation by accelerating growth of small and medium enterprises, promoting the growth of black industrialists, and investing in infrastructure in key economic sectors.

While these initiatives will create a platform to avoid further credit rating downgrades for SA, in the long run they are geared towards achieving the objectives of the National Development Plan (NDP). It is therefore critically important that these initiatives are translated into action as soon as possible.

In February, the implementation of the Taxation Laws Amendment Act once again hung in the balance. We were relieved that in the end Government took a decision to implement the bulk of the provisions of the Act on 1 March 2016. The only exception was the annuitisation requirement for provident funds and related provisions.

While this is not the outcome we had hoped for as an industry, under the circumstances we had to concede that Government had little choice but to put forward a compromise.

Given that the bulk of the provisions of the Taxation Laws Amendment Act were implemented as planned, we will be supporting National Treasury in the consultation process that lies ahead with the aim of ultimately getting buy in from all stakeholders on the annuitisation issue.

 

IN THIS ISSUE

 

Harmonisation of Tax Treatment of Provident Funds

Tax Free Investments

Tax Issues Addressed in the National Budget

Financial Sector Regulation Bill

Retail Distribution Review (RDR)

Financial Intelligence Centre Bill

FAIS Fit and Proper Requirements

ASISA submissions to the FSB

Published by the FSB for comment

United Nations Principles for Responsible Investment (UNPRI)

Global Investment Performance Standards (GIPS)

Annual ASISA Media Conference

Local CIS industry assets closing in on the R2 trillion mark

Hedge fund industry delivers strong growth in 2015

Enterprise and Supplier Development Fund

Academy Newsflash

In conclusion



 
 
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Harmonisation of Tax Treatment of Provident Funds

   

The postponement of the annuitisation of provident fund retirement benefits until 1 March 2018 was confirmed in the Budget Speech on 24 February 2016. On this day, Finance Minister Gordhan also tabled the Revenue Laws Amendment Bill 2016. This Bill introduces these changes and postpones the tax-free transfer of pension to provident funds until 1 March 2018. The Bill will need to go through the Parliamentary process before it becomes effective.

 


Tax Free Investments

   

The intention to postpone the effective date for transfers of tax free investment products between product providers from 1 March 2016 to 1 November 2016 was announced as part of the 2016 Budget Review. An urgent amendment to the regulations governing tax free investment products to bring about this change is expected.

 


Tax Issues Addressed in the National Budget

   

There were some positive developments announced in the National Budget on some tax issues that ASISA had taken up with National Treasury, the Financial Services Board (FSB) and the South African Revenue Services (SARS) relating to:

Controlled Foreign Companies (CFC) and Collective Investment Schemes (CIS)

Broadening the transitional tax relief rules to comply with the new regulatory requirements for Hedge Funds to move to CIS structures

The new tax relief rules for outright cessions of securities for collateral and the 12 month time limit

The new 27.5% contribution deduction as from 1 March 2016 to approved retirement funds will also apply to “passive income” and not only to “trade income”. This is good for Retirement Annuity contributions

 

 


Financial Sector Regulation Bill

   

The Parliamentary Standing Committee on Finance (SCoF) gave further opportunity for written submissions on this Bill and more public hearings were held during February 2016. In the interim, the respective legal counsels of ASISA and National Treasury liaised on the constitutional aspects of the Bill.

Consensus in principle was reached on the relevant provisions. ASISA's legal counsel briefly presented the consensus view to the SCoF, while ASISA presented on the Significant Owner issues in the Bill. The SCoF will next address the Bill between 12 April and the third week of May.

 


Retail Distribution Review (RDR)

   

In November last year the Financial Services Board (FSB) published their Status Update: RDR Phase 1 document for comment by 1 February 2016. In December 2015 they published their General Status Update: RDR.

ASISA held a workshop with members who submitted comments, and the final ASISA submission on the Phase 1 Update was sent to the FSB on the due date. ASISA is liaising with the FSB to set up discussions on various aspects of RDR and the Phase 1 implementation.

 


Financial Intelligence Centre Bill

   

SCoF is currently considering this Bill. ASISA has submitted comments and has made two presentations. ASISA has also participated in stakeholders meetings on the Bill arranged by National Treasury.

 


FAIS Fit and Proper Requirements

   

Draft amendments to the FAIS Fit and Proper Requirements for Financial Services Providers, their key individuals and representatives were published on 18 December 2015. An ASISA working group is currently considering comments received from members and will finalise the ASISA submission by the due date of 15 March 2016.

 


ASISA submissions to the FSB

   

Draft Regulation 28 Conditions for Investment in Hedge Funds – submission made on 29 January 2016

Draft CIS Conditions for Registration and Fit and Proper Requirements for Directors and Senior Management – submission made on 1 February 2016

Proposed FAIS Requirements for Professional Indemnity and Fidelity Insurance Cover – submission made on 23 February 2016

 


Published by the FSB for comment

   

Draft FSB Information Letter on requirements relating to the Transfer, Cancellation and Replacement of Policies

Draft Conduct of Business Returns

 


United Nations Principles for Responsible Investment (UNPRI)

   

ASISA signed up to become a UNPRI Network Supporter at the end of January this year.  PRI Network Supporters are non-profit peer organisations that publicly express support for the PRI within their constituencies. This partnership enables Network Supporters to work with the PRI to raise awareness of responsible investment and the PRI within the investment community in different regions and sectors.

 


Global Investment Performance Standards (GIPS)

   

The GIPS Executive Committee issued the exposure draft for the Guidance Statement on Broadly Distributed Pooled Funds for public comment. The purpose of this guidance statement is to address the application of the GIPS standards from the perspective of pooled unitised investment vehicles with broad distribution, where there is typically no or minimal contact between the firm managing the pooled fund and prospective pooled fund investors. The GIPS Standing Committee will prepare comments for submission by 29 April 2016.

 


Annual ASISA Media Conference

   

ASISA hosted its annual media conference in Cape Town and Johannesburg early in February. The following topics were covered:

An overview of trends in the local CIS industry in 2015, as well as an international perspective

A snap shot of the South African hedge fund industry and a progress update on the approval of hedge funds by the FSB

The importance of seeking guidance from a trusted financial adviser in difficult market conditions

An introduction to the new ASISA Standard on Effective Annual Cost (EAC)

 


Local CIS industry assets closing in on the R2 trillion mark

   

Investors had almost R1.9 trillion invested with the local Collective Investment Schemes (CIS) industry at the end of December 2015. This represents a healthy increase of around R200 billion from the R1.7 trillion in assets under management at the end of 2014.

The CIS industry statistics for 2015 also show that the local CIS industry attracted net inflows of R101 billion in 2015, only slightly less than the R109 billion recorded in the previous year.

 


Hedge fund industry delivers strong growth in 2015

   

The South African hedge fund industry grew its assets under management by R5.1 billion in the 12 months to 31 December 2015, ending the year with assets of R62.1 billion.

 


Enterprise and Supplier Development Fund

   

To date the Fund has deployed R50 million in financial and acceleration support to more than 200 industry-aligned SMEs, resulting in an average growth in revenue of 36% across the supported SMEs.

The Fund is privileged to have raised R203 million to date and has received additional investment commitments of R90 million expected to be concluded by June 2016.

 


Academy Newsflash

   

The Academy started the year with graduation ceremonies for the four short courses run in partnership with UCT, celebrating learning success with 23 graduates from the Claims Assessors, CIS and IMACS Short Courses in Cape Town and 22 graduates from the CIS and Underwriters Short Courses in Johannesburg.

Adding to the excitement, two deserving graduates from the Underwriters and Claims Assessor courses were selected and sponsored by the industry to attend the International Congress of Life Assurance Medicine (ICLAM) in the Netherlands in May 2016.

The Academy’s second CIS@UJ programme was presented from mid-January to mid-February in partnership with the University of Johannesburg (UJ). This work-readiness/internship programme for B.Com (Investment Management) graduates was successfully piloted in 2015.  The Academy has received resoundingly positive feedback about the quality and effectiveness of the programme and all of the interns from the 2015 group have now been permanently employed.

Following on the success of this UJ programme and in response to an identified need for more black independent financial advisers (IFAs) in South Africa, the Academy extended its collaboration with the university by piloting an IFA internship programme for UJ’s B.Com (Financial Planning) graduates.  With the work-readiness component of both programmes completed in February, all of the interns have now commenced their 12-month workplace internships.

The IMACS@TSiBA programme continues steadily with the 2015/2016 candidates having passed the first component of their IMACS course in 2015.  There has been a strong demand from employers for both the 2016/2017 intake and even the 2017/2018 intake.

Following on the success of the Academy’s Retirement Fund Trustee Education Workshops in 2015, two workshops were delivered in February to trustees in Johannesburg and in Cape Town.

Toward the end of February the ASISA Academy also ran an in-house Equity Analysts’ Bootcamp for the Old Mutual Investment Group in Cape Town.

 


In conclusion

   

It is evident from this summary of headline activities that the ASISA team hit the road running at the start of 2016. We are pleased that a number of exciting foundations have been laid in a relatively short period of time, and we look forward to implementing these meaningful interventions with urgency for the greater good of the citizens of this country.

Kind regards

 

   
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