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
Five tips to optimise your first consultation with an attorney
by Ngwalemorwa Matsapola, Candidate Attorney. Reviewed by Naledi Motsiri, Director. Consulting with an attorney for the first time can be [...]
The future paradigm for insolvency
Unpacking the impact of distressed corporates, economic uncertainty and director apathy on insolvency practitioners in South Africa. Dr Eric Levenstein [...]
Crypto providers running out of time…
and Hlonelwa Lutuli, Candidate Attorney On 19 October 2022, the Financial Services Conduct Authority ("FSCA") published the Declaration of a [...]
An Overview of the Domestic Violence Act
Recognising that domestic violence in South Africa is a serious social evil, and that victims of domestic violence are [...]
Amazon Brand Registry Registration
With Amazon hitting South African shores in 2024, South African vendors can register their products ahead of time. Vendors can [...]
Tax Amendments 2023
DOWNLOAD PDF On 1 November 2023, when the Minister of Finance presented his Medium Term Budget Policy Statement to Parliament, [...]