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Draft Amendments to the Pension Funds Act 24 of 1956: The Highlights
by Natalie Scott, Director and Kyra South, Associate On Friday, 26 February 2021, the National Treasury released a Media Statement regarding the publication of the draft amendments ("Draft [...]
MTI: An example of why crypto assets should be declared financial products
by Natalie Scott, Director; and Kyra South, Associate On 7 July 2020, the Texas State Securities Board issued an emergency cease and desist order ("Order") against, [...]
The FSCA issues warning on investing in crypto assets
by Natalie Scott, Director; and Kyra South, Associate In the wake of the recent Mirror Trading International Proprietary Limited debacle, the Financial Sector Conduct Authority ("FSCA") [...]
Crypto assets – a new financial product?
By Natalie Scott, Director; and Kyra South, Associate On 20 November 2020, the Financial Sector Conduct Authority ("FSCA") published a draft Declaration ("Draft Declaration") and a statement in [...]
The Deposit Insurance Funding model and the implications for banks
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The South African Reserve Bank ("SARB") recently published a discussion document "The deposit insurance funding [...]
Freezing of clients’ account prohibited in certain circumstances
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The Financial Intelligence Centre Act, 38 of 2001 ("FIC Act"), places an obligation on accountable institutions [...]
Proposed amendments to The Financial Intelligence Centre Act, 2001
by Tracy-Lee Janse van Rensburg, Director On 19 June 2020[1], the Minister of Finance published proposed amendments to Schedules 1, 2 and 3 to the Financial Intelligence Centre Act, 38 of 2001, as [...]
Guidance on outsourcing of compliance activities to third parties
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney On 21 July 2020, the Financial Intelligence Centre ("FIC") published the draft public compliance communication, communication number 12A [...]
Collection costs under the National Credit Act, 2005
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney Collection costs In accordance with the judgment handed down by Hack, AJ, on 13 December 2019, in the [...]
Conduct standard for banks
by Tracy-Lee Janse van Rensburg, Director Pursuant to the Financial Sector Regulation Act, 2018 ("FSRA"), the Financial Sector Conduct Authority ("FSCA") was mandated to regulate and supervise [...]
Letter issued by the Johannesburg Stock Exchange (“JSE”) on 24 April 2020 on Financial Reporting during COVID‑19 (“JSE Letter”)
by Kyra South, AssociateReviewed by Natalie Scott, Director Background Since the outbreak of COVID‑19, and the subsequent national lockdown declared in terms of the Disaster Management [...]
A worldwide pandemic – is it time to consider the inclusion of force majeure provisions in loan agreements?
By Cara Gow, Associate; Reneilwe Maleka, Associate and Juliet Siwela, Candidate AttorneyReviewed by Richard Roothman, Director and Head of the Banking & Finance practice The previous [...]
Letter issued by the Johannesburg Stock Exchange on 21 April 2020 on the Payment of Dividends (“JSE Letter”)
by Natalie Scott, Director and Tahli Hanan, Candidate Attorney Background The COVID-19 pandemic has caused considerable and unanticipated disruption to the South African business sector and [...]
Letter issued by the Johannesburg Stock Exchange on 17 April 2020 on Capital Raising Measures and Other (“JSE Letter”)
by Kyra South, AssociateReviewed by Natalie Scott, Director Backround 1.1 Since the outbreak of Covid‑19, and the subsequent national lockdown declared in terms of the Disaster [...]
Operating call centres for essential services during the lockdown period
Call centres for essential services by Natalie Scott, Director and Kyra South, Associate On 9 April 2020, the Government issued Notice 43224, Regulation 459, effective as [...]
CONDUCT OF FINANCIAL INSTITUTIONS BILL
By Tracy-Lee Janse van Rensburg, Director and Reuben Lebelo, Candidate Attorney Following on the Financial Sector Regulation Act, 2017 ("FSR Act"), the Conduct of Financial Institutions Bill [...]
COMMON LAW SET‑OFF AND THE NATIONAL CREDIT ACT, 2005
By Tracy-Lee Janse van Rensburg, Director In terms of the recent judgment handed down by Keightley J in the matter between the National Credit Regulator and The [...]
The Banking Regulation Review – Edition 10
INTRODUCTION: Banking Regulation Review South Africa has an advanced banking system, backed by a sound legal and regulatory framework that aims to secure systemic stability in [...]
The Banking Regulation Review
The Banking Regulation Review Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The Banking Regulation Review contains chapters provided by [...]
The Banking Regulation Review
Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The Banking Regulation Review contains chapters provided by authors in 35 countries [...]
Bye bye FSB, hello FSCA
As of 1 April 2018, there is a new sheriff for the South African financial services sector. The Financial Services Board ("FSB") has been replaced by [...]
Prescription of claims: on-demand loans
A loan which is repayable on demand becomes due the moment it is advanced to the debtor. Accordingly, such a debt will prescribe (or be extinguished) [...]
Prescription of on-demand loans – the Constitutional Court’s decision in Trinity v Grindstone
INTRODUCTION Towards the end of 2016, we drew to your attention a decision of the Supreme Court of Appeal (SCA) in Trinity Asset Management (Pty) Ltd [...]
What’s really right? Corporate Social Responsibility as a legal obligation in South Africa
Corporate Social Responsibility Introduction Corporate Social Responsibility is no longer merely a “nice to have” as it finds itself referenced expressly in black and [...]