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
National Health Insurance Bill and the possible implications for private healthcare
A second iteration of the National Health Insurance Bill [B11B-2019] has been published. This follows a public commentary period [...]
The legal and ethical processing of healthcare information
The overall objective of the Protection of Personal Information Act No. 4 of 2013 ("POPI Act") is to promote [...]
Is the refusal of a provisional sequestration order appealable?
On 14 April 2023, the Supreme Court of Appeal ("SCA") delivered judgment in the matter of Liberty Group Limited [...]
SARS: Misrepresenting Misrepresentation
As every taxpayer knows, SARS has extremely wide powers under the various fiscal Acts to enforce and collect tax. [...]
Changes to the tax treatment of trust income awarded to foreign beneficiaries on the horizon
Currently, income that arises in a South African trust which is awarded to a foreign beneficiary during the same [...]
What exactly are the duties and responsibilities of the mining right holder in the retrenchment process in the mining industry?
In Association of Mineworkers & Construction Union v Buffalo Coal Dundee (pty) Ltd & another ("Buffalo Coal"), the Labour [...]
