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Financial Institutions Legal Snapshot

South African banking, finance and insurance law know-how

Banking

SARB intends to regulate crypto assets

By Lize Louw on January 22, 2019

In mid-January 2019, the SARB published its Consultation Paper on Policy Proposals for Crypto Assets, amid a growing interest, investment and participation in crypto assets by financial institutions and individuals and an estimated market capitalisation of about US$200 billion for crypto assets globally. Crypto assets are digital representations or tokens ... Continue reading

EIB report on Banking in Africa: Read the findings of our review of the state of bank recovery and resolution laws in Africa

Claim by shareholders against directors under section 218(2) of Companies Act fails

Unrestricted financial assistance – Financiers to consider the risks

Drafting tips

Interpretation: Useful definition of ‘spouse’

By Patrick Bracher (ZA) on February 27, 2019

The following definition of ‘spouse’ was included in recent draft legislation. The definition may be useful when you need to define the term in a contract. The definition will have to be adapted to the specific requirements and wording of the rest of the document. ‘spouse’ in relation to any person at ... Continue reading

Interpretation: Meaning of ‘in terms of’ and ‘under’ in a contract

Interpretation: ‘Litigation pending’ means awaiting a decision

Interpretation of sanctions clause in a policy

Insurance

Insurance regulation in 20 Asia Pacific countries

By Patrick Bracher (ZA) on February 27, 2019

In January 2019, Norton Rose Fulbright published ‘Ten things to know’ about insurance regulation in 20 Asia Pacific countries. The guide is hosted on our free subscription premium content site, the Institute, as an interactive map featuring the 20 jurisdictions. It covers the following countries for those interested in investing or ... Continue reading

CyRiM warns of up to $193 billion cyber risk – Insurers beware!

Power station damaged by shocked squirrel is excluded

Personalised medicine: Implications for the insurance industry and for consumers

General

Liability of auditor for incorrect accounting treatment advice (UK)

By Patrick Bracher (ZA) on March 21, 2019

The English Court of Appeal found that the plaintiff building society had not proved damages against its auditors who gave them incorrect information about how to treat long-term interest rate swaps on its balance sheet under the IFRS requirements. The swaps were not included on the balance sheet from 2005 till ... Continue reading

Business rescue application does not terminate provisional liquidation

Interpretation of statutes must be consistent with the Constitution

Proposed Companies Act Amendments would compromise company privacy

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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