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
Jump the gun, bite the bullet: Consequences of failure to notify a merger in Africa
by Paul Coetser, Director & Head of Competition, and Sandiso Dhlomo, Candidate Attorney It is no longer a surprise that [...]
Taking the Collusion out of Collaboration between Competitors
by Nokwanda Zondi, Candidate Attorney, under supervision of Rudolph Raath, Director The Competition Commission's 2022 'Guidelines on Collaboration Between Competitors [...]
Manna or a bitter pill – a perspective on public interest
Public interest considerations There is little debate around public interest considerations carrying the same weight as competition issues in South [...]
POPIA and consent, the biggest misunderstanding?
“Sometimes you have to travel a long way to find what is near” Paulo Coelho It has been over a [...]
Once empowered, always empowered?
There has been a recent shift in emphasis by the Competition Commission of South Africa (the Commission) from simply protecting [...]
Fake news – The three sisters: Mis, Dis and Mal.
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Fake news Introduction The Fourth [...]
