Legislation
The 2008 Global Financial Crisis exposed critical weaknesses in the global banking system. Banks around the world—including some of the largest—were undercapitalized, over-leveraged, and heavily reliant on short-term funding. When property markets collapsed and mortgage-backed securities went sour, these weaknesses triggered a domino effect of financial failures.
To restore confidence, ensure financial stability, and protect economies from future shocks, the Basel Committee on Banking Supervision introduced Basel III, an internationally agreed set of banking regulations.
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The Mortgage Origination Council of South Africa (MORCSA) serves as a pivotal industry body representing mortgage originators—professionals who facilitate home loan applications between prospective homeowners and financial institutions. Established by leading origination firms such as Ooba, BetterLife Group, and Multi Net Real Estate, MORCSA advocates for industry standards, consumer protection, and regulatory clarity in South Africa’s home financing sector.
The Financial Sector Regulation Act (FSRA) of 2017 in South Africa is a key piece of legislation that establishes a system of financial regulation, with the aim of preserving and enhancing financial stability, improving market conduct, and protecting financial customers. It also creates the Prudential Authority (PA) and the Financial Sector Conduct Authority (FSCA), which are responsible for regulating and supervising financial institutions and financial products.
The Financial Advisory and Intermediary Services (FAIS) Act 37 of 2002 is a South African law that regulates the financial advisory and intermediary services industry. Its main purpose is to protect consumers of financial products and services, professionalise the industry, and ensure that financial service providers act in a competent and ethical manner. The act applies to many intermediaries, including insurance brokers and mortgage brokers.
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