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Back to the Future: What data protection developments were there in 2024, and what lessons should SA businesses take into 2025 and beyond?
2024 was a big year for data protection in South Africa. The Information Regulator issued various enforcement notices and published draft regulations and guidance notes. There [...]
A Lifeline for ESG in Investment Funds?
The battle over environmental and social governance principles continues round after round with the latest battle having been won by the proponents of ESG. Last month, [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has only laid a criminal complaint against [...]
(Insurance) fraud unravels all: The SCA confirms that fraud can lead to the forfeiture of a partly valid and partly fraudulent claim when a policy says so
In Discovery Insure Limited v Masindi the SCA considered whether the entirety of an insurance claim should be forfeited in circumstances where only part of [...]
Breaking the Chains: the Case of Ndwandwe v Trustees of Transnet Retirement Fund and others – A not-so-friendly reminder that a pension fund is not bound by a nomination form
and Karabo Kekana, Candidate Attorney The recent decision of Ndwandwe v Trustees of Transnet Retirement Fund and others[1] (the Ndwandwe decision) concerned the review of a [...]
Two pots of gold: What you should know about the “two-pot” retirement system
The proposed "two-pot" retirement system would allow people to have the best of both worlds - early access to a portion of their retirement funds, should [...]
The pride or prejudice of being a related person to a company?
by Marvin Petersen, Senior Associate co-authored by Jarryd Mardon, Director and reviewed by Pierre le Roux, Director Introduction In terms of Section 163 of the Companies [...]
Shareholders stuck between a rock and a hard place
Companies Act 71 of 2008 Brief overview of Section 163 Introduction There are instances where the Companies Act 71 of 2008 ("the Act") and/or the Memorandum [...]
Relief from oppressive or prejudicial conduct in terms of the Companies Act 71 of 2008
Section 163 of the Companies Act 71 of 2008 In any corporate environment, the authority of the board of directors, combined with the rule of the [...]
Opportunities for private equity in business rescue
By Elliott Wood, Director and Bafana Ntuli, Director On 23 February 2021, the first ever virtual Ansarada DealMakers Annual Awards was broadcast, and two transactions in [...]
Covid-19 Beach Closures
by Shayne Krige, Director and Co-Head of Investment Funds & Private Equity Practice We have been inundated with queries from private individuals, professional and recreational sportsmen [...]
Request for information on the impact of the COVID-19 pandemic on contributions for retirement savings
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has previously [...]
Exemption of managers of collective investment schemes from certain requirements relating to the administration of portfolios
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has [...]
Guidance note on the Joint Directive and the Call Centre Directions
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The Minister of [...]
Operations of financial services business on COVID-19 alert level 4
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice With effect from 1 [...]
Exemptions for certain short-term insurers providing premium relief
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has [...]
Exemptions and extensions for financial services providers and juristic representatives
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The COVID-19 pandemic [...]
Exemptions for certain short-term insurers and long-term insurers providing premium relief
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has allowed [...]
Directive by the FSCA and Prudential Authority
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA and the [...]
Funds in crisis – how do funds manage in times of crisis?
by Shayne Krige, Director and head of the Investment Funds & Private Equity practice It has been an interesting two weeks of lockdown for our investment [...]
Entities regulated by the FINANCIAL SECTOR CONDUCT AUTHORITY (“FSCA”)
by Hilah Laskov, Senior Associateand Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice Regulated entities in the [...]
Entities regulated by the Johannesburg Stock Exchange (“JSE”)
by Hilah Laskov, Senior Associateand Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice Companies listed on the [...]
Market behaviour – financial services
by Hilah Laskov, Senior Associateand Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice In this update, we [...]
Pension funds distress rules & FSCA operations during lockdown
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice On 30 [...]