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
SCA judgments: Capstone & Kluh
In our November 2014 edition of Legalwerks, we discussed the decisions of the Full Bench of the High Court of [...]
Property buyers may be liable for historical debt
In a recent judgement handed down by the Supreme Court of Appeal, the court ruled that a hypothec created by [...]
Remuneration of employees in different provinces
Duma v Minister of Correctional Services & others ISSUE Whether the failure to pay an employee in one [...]
Non-striking employees not to be locked out: limitations of the employer’s right to lock out
Transport and Allied Workers Union of South Africa v PUTCO Limited [2016] ZACC On 8 March 2016, in the [...]
Criminalisation of cartels: a potential cure with side effects
Competition authorities particularly in the United Kingdom, the United States and Australia have enacted and entrenched criminal penalties for cartel behaviour. [...]
How to compensate the victims of collusion
In the sphere of competition law, anti-competitive practices can have a detrimental effect on an economy and the performances of [...]
