Legal updates and opinions
News / News
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“) has again cautioned investors against investing in crypto assets, which are currently not regulated by the FSCA. In a press release issued by the FSCA on 4 February 2021, investors were warned of a number of high risks associated with investing in crypto assets, which include the following –
- crypto investment firms (i) overstate the amount of expected returns on investments and (ii) understate the high risks and price volatility associated with crypto asset investments;
- once an investor has invested in crypto assets, there is no guarantee that said investor will receive his/ her/ its initial investment back, and as such, investors must be prepared to lose 100% of his/ her/ its investment; and
- unlike fiat currencies and other commodities, the price of crypto assets is exclusively determined by consumer sentiment, which results in high price volatility.
On 20 November 2020, the FSCA published a draft declaration in which the FSCA proposes to regulate crypto assets by bringing crypto assets within the ambit of the definition of “financial product” in Section 1 of the Financial Advisory and Intermediary Services Act 37 of 2002 (“Draft Declaration“)[1]. The publication of the Draft Declaration is indicative of the increasing number of South African investors who are opting to invest in crypto assets without the protection typically afforded to South African investors, which leaves said investors vulnerable to unlicensed, unqualified and/or unscrupulous service providers.
To quote the FSCA, “if an investment looks too good to be true, it usually is“.
[1] For more information on the Draft Declaration, click here.
Latest News
Mind the Conduct: A Guide to COFI
by Hilah Laskov, Director In this article series, we take a deep dive into the South African Conduct of Financial [...]
Your customer consented to direct marketing – but can you still contact them after they have registered on the National Opt-Out Registry?
by Tebogo Sibidla, Director Many businesses assume that once a customer has consented to direct marketing, they may continue contacting [...]
Employers have rights too: Rebalancing the modern workplace
by Bradley Workman-Davies, Director South African labour law is often discussed through the lens of employee protection. That is unsurprising. [...]
From policy direction to regulation: Is South Africa finally achieving rapid deployment?
by Corlett Manaka, Director and Head of Disputes, Akhona Bilatyi, Director and Kuhle Joja, Associate In September 2024, we published [...]
South Africa: Merger Notification Thresholds and Filing Fees Increase from 1 May 2026
by Ahmore Burger-Smidt, Director and Head of Regulatory and Raisah O Mahomed, Associate South Africa's Minister of Trade, Industry and [...]
“Corporate Death by Winding-Up”: Pretoria High Court Reaffirms the Badenhorst Principle
by Eric Levenstein, Director and Head Insolvency & Business Rescue, Amy Mackechnie, Senior Associate and Clio Patricios, Candidate Attorney A [...]
