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Financial Institutions Legal Snapshot

South Africa and global insurance, financial institutions, banking and general law know–how

Banking

Foreign collective investment schemes and FSCA discretion

By Shawn Barnett (ZA) on June 9, 2021

The Financial Services Tribunal held, in May 2021, that a manager of a foreign collective investment scheme is not to be made subject to the limitations applied to a manager in terms of the Collective Investment Schemes Act of 2002 (CISCA), where an application is made to the Financial Sector ... Continue reading

Employer ordered to pay costs of application to the Financial Services Tribunal

Trade Finance – no respite from inventory and documentation fraud

Failure to submit valuation reports will result in the imposition of administrative penalties

Drafting tips

The difference between ‘significant’ and ‘substantial’

By Patrick Bracher (ZA) on June 16, 2020

In April 2020 the UK Supreme Court had reason to discuss the difference between ‘significant’ and ‘substantial’ in the context of what is a ‘significant reduction in life expectancy’. The court said that ‘like the skin of a chameleon, the adjective takes a different colour so as to suit a ... Continue reading

Contracts interpreted according to wording, context and purpose

Sign of the times: Electronic signatures in South Africa

Effect of settlement agreement

Insurance

Rule 41A and Bad Faith Mediation – Part 1

By Donald Dinnie on January 14, 2022

In this Gauteng High Court judgement, the court provides some useful comments on the application of High Court Rule 41A requiring litigants to attempt to mediate their dispute, and the question of bad faith mediation. This is helpful, considering the embryotic stage of the rule and the paucity of case ... Continue reading

Rejection of ‘the matter speaks for itself’ doctrine and the Onus of Proof in Medical Negligence cases (Part 3)

Evaluating Expert Medical Evidence (Part 2)

Covid-19 business interruption claims and virus exclusions (USA)

General

The law does not require impossibilities and its effect on prescription

By Patrick Bracher (ZA) on December 17, 2021

In finding that the Road Accident Fund Act three year extinctive prescription period (with some exceptions) did not apply to the claimant who had become a person of unsound mind because of the motor accident, the Constitutional Court applied the impossibility principle (lex non cogit ad impossibilia). It was held ... Continue reading

Who decides whether an arbitration agreement is valid – the court or the arbitrator?

Speaker of the National Assembly must decide whether no confidence vote is by secret ballot

Why a franchisor should conduct anti-bribery & corruption due diligence on franchisees

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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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