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
Is length of service reason to pay different salaries to employees performing the same functions?
Pioneer Foods (Pty) Ltd v Workers Against Regression (WAR) & others ISSUE Whether length of service is a [...]
Is a trade union entitled to organisational rights in terms of the LRA after acquiring majority representation at a single branch?
Professional Transport and Allied Workers Union obo members / Professional Aviation Services [2016] 4 BALR 421 ISSUE Whether a [...]
Asset for share transactions – beware of selling your shares within 18 months especially in the context of a share buy-back
To prevent tax considerations from discouraging the incorporation of a business, a specific form of ‘rollover relief’ is available when an asset [...]
A new era dawns – criminalisation of cartel conduct
On 22 April 2016, a Presidential Proclamation (“Proclamation”) appeared in the Government Gazette which confirmed that the provisions contained in [...]
The employer’s responsibility during the transfer of an employee
Senne and others v Fleet Africa [2016] ZALCJHB 48 ISSUE One of the automatic consequences of a transfer in [...]
Contracts of temporary employment services employees
National Union of Metalworkers of South Africa obo Nkala and others v Durpo Workforce Solutions [2016] 3 BALR 229 (MEIBC) ISSUE [...]
