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
Nxele v Chairperson of the Disciplinary Hearing: Mudau NO and others, [2026] 6 BLLR 628 (LC): Clarifying the operation of section 188A(11) of the Labour Relations Act 66 of 1995
by Bankey Sono, Director and Sandile Mogweng, Candidate Attorney The Labour Court in Nxele v Chairperson of the Disciplinary Hearing: [...]
No grout about it: The LAC cements section 197 principles
by Bradley Workman-Davies, Director Section 197 of the Labour Relations Act has long been one of the most misunderstood and [...]
Making sense of death: A brief overview of inquest proceedings
by Dakalo Singo, Director and Head of Pro Bono By its very nature, death is tragic. The death of a [...]
Is cryptocurrency ‘capital’? Taking the Mangundhla judgment under the loop
by Deon Griessel, Director 1. Introduction Two Gauteng Division judgements have reached diametrically opposite conclusions on the question as to [...]
Agonists and APIs: High Court Injects Clarity into Compounding Debate
by Neil Kirby, Director and Head of Healthcare & Life Sciences and Slade van Rooyen, Associate The practice of compounding [...]
Minority shareholders and disposals of “controlling interests”: The limits of Section 11 of the MPRDA
by Chris Stevens, Director and Head of Mining & Resources, Kyra South, Director and Sandile Shongwe, Senior Associate Given that [...]
