Crypto assets declared financial products under the FAIS Act

South Africa is taking a significant step towards regulating crypto assets as financial products, a move that could have far-reaching implications for the industry. Brendan Topham, the Divisional Executive for Enforcement at the Financial Sector Conduct Authority, shed light on the proposed declaration in a recent interview. The decision to categorize crypto assets as financial products would require wallet providers, exchanges, and platform providers in the crypto world to become registered with the organization and comply with specific requirements to ensure they provide proper advice and disclose the high risks associated with these assets. While this move may seem like a step towards legitimizing crypto assets, Topham was quick to point out that it does not equate to approval of the asset class. In fact, he emphasized that the South African Revenue Service still treats income from crypto assets as taxable, highlighting the caution with which regulators approach this evolving space. Topham acknowledged the challenges posed by informal advisors and the prevalence of scams targeting unsuspecting individuals, particularly in South Africa. He emphasized the importance of seeking advice from registered and legitimate sources, especially given the high-risk nature of crypto assets. The process of adjusting to the new declaration will involve a period of at least four months for intermediaries and advisors to register with the authority. This timeline may be extended based on feedback and industry developments. Overall, the move signals a proactive approach by South Africa to address the regulatory challenges posed by the growing crypto industry.