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Financial Institutions Legal Snapshot

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

Banking

The decline of LIBOR and the new risk-free interest rates

By Steve Chemaly on March 12, 2020

The history of manipulation and scandals surrounding interbank offered rates (IBORs), for example LIBOR and JIBAR, has led to the shift toward Risk-Free Rates (RFRs), a shift which is primarily market led and remains uncertain. The transition to RFR’s rests on the fact that rates such as LIBOR are forward-looking interest ... Continue reading

FinTech in the legal arena

Judicial oversight of execution against property requires full facts before court

Draft Conduct Standard for Banks published

Drafting tips

Effect of settlement agreement

By Patrick Bracher (ZA) on March 11, 2020

Ten years after the 2010 World Cup the Supreme Court of Appeal has given judgment in a dispute between the South African Football Association and a travel business relating to travel arrangements for the competition. The parties had a settlement agreement which was in ‘full and final settlement’ of the ... Continue reading

Extension of time for arbitration for undue hardship

Claim ‘in respect of’ the death of the passenger includes psychiatric harm to the family (AUS)

Separating good from bad in a statute

Insurance

‘Occurrence’ in insurance policies

By Donald Dinnie on March 24, 2020

The test enunciated by the English court in Kuwait Airways Corporation v Kuwait Insurance Co [1996] 1 Lloyds Rep 664, confirmed in Mann and Another v Lexington Insurance Company [2000] is no different in South African law. “An ‘occurrence’ (which is not materially different from an event or happening, unless perchance ... Continue reading

The Big Read Book series – Volume 4

Council for Medical Schemes banning of low cost benefit options

Insurance claims and COVID-19

General

How to establish a business enterprise in South Africa: Ten things to know

By Stephen Kennedy-Good on March 27, 2020

01 I Methods of incorporation A business presence can be established in South Africa, one can either incorporate a South African entity or incorporate a foreign offshore entity, as a so called ‘branch’ or ‘external company’. 02 I Applicable legislation Both forms of business enterprise are regulated by the Companies Act 2008. However, ... Continue reading

Effect of lockdown regulations on landlords and tenants

HPCSA guidance on telemedicine during COVID-19 outbreak

Employment law under COVID-19 lockdown: 10 things to know

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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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