Legal updates and opinions
News / News
Market behaviour – financial services
by Hilah Laskov, Senior Associateand Chelsea Roux, Candidate Attorney
Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice
In this update, we note applications being made for exemption from regulatory provisions and the introduction of an innovation hub designed to boost fintech.
- Applications for exemptions
In light of the current pandemic, certain regulated entities have applied for exemptions from their obligations under financial sector regulations.
4 Africa Exchange Proprietary Limited has, for example, applied to the Financial Sector Conduct Authority (“FSCA“)[1] for an amendment of the terms and conditions subject to which its licence was granted so that it can change its operational business address.
Fitch Ratings Limited has also applied to be exempted from compliance with section 3(2) of the Credit Rating Services Act[2] which provides that credit rating services may only be performed by a registered credit rating agency. This exemption would apply for a period of two years. Certain regulated persons have also been exempt from compliance with section 4(1) of the CRSA which governs the use of credit ratings.
2. Innovation hub
The Intergovernmental Fintech Working
Group (“IFWG“) launched
the IFWG Innovation Hub on 7 April 2020 to respond to changes within the
financial sector caused by the impact of financial technology. The IFWG
Innovation Hub is aimed at innovations that complement the core mandates of
regulators and will provide assistance to innovators in the financial
technology space. It provides, amongst other things for enhanced communication
between industry and the regulator.
[1] In terms of section 9(4) of the Financial Markets Act 19 of 2012.
[2] Section 3(2) of the Credit Rating Services Act Act 24 of 2012.
Latest News
The national minimum wage act is now law
By Bradley Workman-Davies, Director On 23 November 2018, the president of the Republic of South Africa ("RSA"), Cyril Ramaphosa, assented [...]
New system to be launched to expose non-compliance with the national minimum wage act 9 of 2018
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney On 7 March 2019, the Department of Labour ("DOL") released [...]
National Minimum Wage Bill tabled in Parliament
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney The Portfolio Committee on Labour met in January 2019 to [...]
Directors’ liability and the competition commission’s corporate leniency policy for cartel contraventions
The Corporate Leniency Policy ("CLP") was published by the Competition Commission in 2004 and remains the principal tool employed by [...]
Trade Marks: USA and Consent Agreements
Anyone who has a commercial presence in the USA or intends entering the US market will know that the United [...]
Employee’s right to privacy
In National Union of Metalworkers of South Africa and other v Rafee NO and others (2017) JOL 37705 (LC), the [...]
