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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

Ombud must apply appropriate processes to disputes of fact

By Patrick Bracher (ZA) on December 3, 2021

In November 2021 the Financial Services Tribunal emphasised that “time and again it has been pronounced that when there is a material dispute of fact, there should be a hearing of oral evidence”. It is only once the material disputes of fact are addressed that one can conduct an enquiry into ... Continue reading

Covid-19 business interruption claims and rental remission

Avoidance of insurance policies – moral hazard and inducement (UK)

Fitness and propriety re significant owner’s deadline 1 December 2021

General

Ombud must apply appropriate processes to disputes of fact

By Patrick Bracher (ZA) on December 3, 2021

In November 2021 the Financial Services Tribunal emphasised that “time and again it has been pronounced that when there is a material dispute of fact, there should be a hearing of oral evidence”. It is only once the material disputes of fact are addressed that one can conduct an enquiry into ... Continue reading

South African Cybercrimes Act is now law!

Hospital records as evidence and drawing inferences

Fitness and propriety re significant owner’s deadline 1 December 2021

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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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