Banking & Finance Law

Everything you need to know about COFI_ The Conduct of Financial Institutions Bill

Everything you need to know about COFI: The Conduct of Financial Institutions Bill

What is it, why does it exist and why is it important? The draft Conduct of Financial Institutions Bill (COFI) was released for public comment in 2018. COFI was drafted in conjunction with the Financial Sector Regulators Act  of 2017 (FSR Act) as part of an extensive reform of the South African financial services legal […]

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Selling Shareholders Beware: How the NCA affects Vendor Financed Transactions

The National Credit Act 34 of 2005 (“NCA”) requires that, if you are selling your shares or assets in a company to a purchaser, and you have structured the sale such that: The full purchase price, or a portion thereof, will be paid at a later stage either in installments or one bullet payment; and

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Deferred Payment Sales: Risks and Mitigation Tips for Sellers

A sale of business or shares usually follows a predictable pattern. In many cases, the seller agrees to transfer business assets or shares before receiving final payment, which is referred to as a ‘deferred payment’ or ‘deferred loan’.  A seller may agree to transfer ownership on a deferred payment basis for various reasons, including a

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Cryptocurrency as an Investment: Classification Hurdles

Last year, Bitcoin and other cryptocurrencies sparked a modern gold rush spurred on by stories of individual investors making millions in a short period from their investment in Bitcoin. The desire to get rich quickly encouraged every man on the street to own a virtual wallet to buy cryptocurrencies and saw the advent of many

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