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Financial Institutions Legal Snapshot

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

Banking

FSCA takes first steps in the regulation of crypto assets

By Desiree Reddy (ZA) on November 25, 2020

On 20 November 2020, the Financial Sector Conduct Authority issued a draft Declaration of Crypto Assets as a Financial Product under the Financial Advisory and Intermediary Services Act 2002 (FAIS Act). The Declaration will be made in terms paragraph (h) of the definition of ‘financial product’ in the FAIS Act, ... Continue reading

FSCA clamps down on FICA non-compliance

FSCA publishes the conduct standard for banks

Financial Sector Laws Amendment Bill 2020 to go to Parliament

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

The contra proferentem rule and insurance policies – again

By Donald Dinnie on November 19, 2020

The application of the contra proferentum rule was one of the issues which the English High Court considered in Financial Conduct Authority v Arch Insurance (UK) Limited and Others. The rule provides that where there is doubt about the meaning of a contract, the words will be construed against the person ... Continue reading

D & O insurance and reflective loss claims

COVID-19 infectious disease extensions and the FCA test case

Insurance policy interpretation contra proferentum – armed robbery, theft and hijacking

General

No special circumstances when sentencing a doctor for culpable homicide

By Donald Dinnie on November 25, 2020

The Constitutional Court in Van der Walt v The State set aside a doctor’s criminal conviction for culpable homicide on the basis of irregularities committed by the regional magistrate, which infringed the doctor’s right to a fair trial. The conviction was not set aside on the merits. Therefore, whether the doctor’s guilt was ... Continue reading

Provincial MEC not liable for child injured by swing in the private school playground – delictual liability for breach of statute

Scope of right of pre-emption

When does a healthcare practitioner’s claim for damages for malicious HPCSA proceedings prescribe?

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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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