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Financial Institutions Legal Snapshot

South African banking, finance and insurance law know-how

Banking

SARB intends to regulate crypto assets

By Lize Louw on January 22, 2019

In mid-January 2019, the SARB published its Consultation Paper on Policy Proposals for Crypto Assets, amid a growing interest, investment and participation in crypto assets by financial institutions and individuals and an estimated market capitalisation of about US$200 billion for crypto assets globally. Crypto assets are digital representations or tokens ... Continue reading

EIB report on Banking in Africa: Read the findings of our review of the state of bank recovery and resolution laws in Africa

Claim by shareholders against directors under section 218(2) of Companies Act fails

Unrestricted financial assistance – Financiers to consider the risks

Drafting tips

Interpretation: Meaning of ‘in terms of’ and ‘under’ in a contract

By Patrick Bracher (ZA) on January 21, 2019

In the context of a tax dispute the court held that the phrases ‘in terms of’ and ‘under’ a contract can have an ordinary or wide meaning of ‘by virtue of’ or ‘in consequence of’, or a narrow meaning requiring a direct and immediate connection between the contract and the ... Continue reading

Interpretation: ‘Litigation pending’ means awaiting a decision

Interpretation of sanctions clause in a policy

Rules of interpretation of contract

Insurance

Personalised medicine: Implications for the insurance industry and for consumers

By Natasha Naidoo on January 22, 2019

Personalised medicine is set to revolutionise the manner in which patients are diagnosed and treated. It involves genetic testing and a consideration of an individual’s health risk factors and genetic information and tailoring medical treatment accordingly. Such testing could lead to quicker diagnosis and treatment, but it does not come ... Continue reading

The effect of legalisation of cannabis on the insurance industry

Consider your verdict: Does motor insurer pay for fire caused while immobilised vehicle being repaired?

Bad subcontractor work not an ‘accident’ – Ohio USA

General

Terms of sale can be implied by law – Meaning of ‘ex-warehouse’

By Patrick Bracher (ZA) on January 21, 2019

Section 59 of the Customs and Excise Act 1964 provides that the seller of goods may recover the amount of duty paid on the goods in addition to the contract price ‘in the absence of agreement to the contrary’. The fact that the sale in Starways Trading v Pearl Island Trading ... Continue reading

Public participation in South African law-making process is essential

Test for a simulated transaction avoiding the payment of tax

Protection of Personal Information Act – Regulations published

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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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