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Financial Institutions Legal Snapshot

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

Banking

FinTech in the legal arena – introducing our new blog series

By Desiree Reddy (ZA) on July 24, 2019

Financial technology, often referred to as FinTech, is the marriage between financial and technology services. The FinTech offering seeks to provide innovative alternatives to traditional methods in the delivery of financial services. On Wednesday, 28 August 2019, Norton Rose Fulbright South Africa will host a seminar focusing on the impact ... Continue reading

Judicial oversight of execution against property requires full facts before court

Draft Conduct Standard for Banks published

SARB intends to regulate crypto assets

Drafting tips

Separating good from bad in a statute

By Patrick Bracher (ZA) on July 30, 2019

It has been reaffirmed that where part of a law is invalid for being beyond the powers of the lawmaker (ultra vires) the good in the law will not be separated from the bad if it is complicated and impractical to do so. If there is an incoherent remainder, the ... Continue reading

Importing a tacit term into a contract

Take implementation, good faith and disclosure clauses seriously

Principles of contract for the benefit of a third party (stipulatio alteri)

Insurance

Animals cannot commit vandalism and malicious mischief (US)

By Patrick Bracher (ZA) on October 14, 2019

An insured sued under their Dwelling Policy for a substantial amount of damage that had been caused to their home by racoons which somehow entered the dwelling. They relied on the cover provided for ‘vandalism and malicious mischief’ which cannot be applied to animals, said the Pennsylvania court. Not surprisingly, the ... Continue reading

Russian roulette is self-inflicted injury not suicide (US)

Act of God defence fails

Think twice before rejecting a Calderbank offer

General

‘In writing’ does not mean implied acceptance of written clause

By Patrick Bracher (ZA) on October 14, 2019

Article 25 of the Recast Brussels Regulation which requires an agreement conferring jurisdiction to be ‘in writing or evidenced in writing’ is not satisfied by a clause in the contract being in writing and the consent being solely implied from conduct of the parties. The consent itself has to be in writing ... Continue reading

Equitable financial compensation instead of land restitution

Information Regulator: CR17 campaign leaks

Electronic signatures confirmed in UK

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

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