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Financial Institutions Legal Snapshot

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

Banking

Green Loans and Sustainability Linked Loans – same but different?

By Steve Chemaly on June 23, 2022

From a reputational and corporate governance perspective, green and sustainable activity both gain favour with shareholders and investors (particularly those who place emphasis on investment with a positive environmental, social and governance (ESG) impact). Green Loans and Sustainability Linked Loans have distinctive characteristics which should influence the type of loan ... Continue reading

Green Loans: a grassroots overview

When can my bank close my bank account?

FSCA publishes a digital banking research report

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

Motor policy indemnity refused for kidnap and assault by insured using insured vehicle (US)

By Patrick Bracher (ZA) on September 21, 2022

A Montana Supreme Court rejected an extraordinary claim by the insured who had kidnapped, physically assaulted, threatened, restrained and injured his estranged wife using the insured vehicle in the course of the kidnap. The court had no difficulty in finding that the insured’s conduct was not accidental for the purposes ... Continue reading

What circumstances must be disclosed by a director negotiating a contract? (Aus)

What are ‘circumstances’ known to a director under a D&O Policy (Aus)

Keeping a company’s contract alive creates a ‘personal advantage’ for a director under D&O Policy exclusion (Aus)

General

Estoppel cannot negate illegality

By Stephen Kennedy-Good on September 5, 2022

This blog was co-authored by: Kristen de Wet, Candidate Attorney In Siemens Proprietary Limited v PRSA , the court confirmed that the doctrine of estoppel cannot render an agreement enforceable if it is invalid. This is particularly the position where it is in the public interest to ensure an agreement is ... Continue reading

Prescribed rate of interest is 9.0% from 1 September 2022

Information Regulator issues guidance on POPIA data breach notifications

Constitutional Court puts the brakes on the common purpose doctrine

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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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