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
The downside to a side hustle – moonlighting, conflicts of interest and the law
and Nombulelo Bashe – Candidate Attorney Employees are required to devote their time, effort and skills to advance their employer's business [...]
Mystery of the momentary visitor: Solving the uncertainty surrounding the replacement of an interim business rescue practitioner
A company can be placed in business rescue in only two ways, voluntarily by a board resolution in terms of [...]
International: Trends in AI governance
READ - INTERNATIONAL: TRENDS IN AI GOVERNANCE We're thrilled to share an insightful article featured in OneTrust DataGuidance on the [...]
A minute before midnight, focus required! Deadline is 22 January 2024
and Chiara Ferri - Candidate Attorney The Media and Digital Platforms Market Inquiry ("the Inquiry"), which launched in October 2023, [...]
Making the dies count
and Nombulelo Bashe - Candidate Attorney On 21 April 2023 the Governing Body of the Commission for Conciliation, Mediation and [...]
Creditors now empowered to make application to declare directors delinquent
and Khanyisa Tshoba - Candidate Attorney A critical look at Vantage Mezzanine Fund II Partnership and Another v Hopeson and [...]