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Financial Services Law

Financing Energy Projects: Legal Considerations and Strategies

Financing Energy Projects: Legal Considerations and Strategies

Energy Law, Financial Services Law /

In an era where sustainable energy is not just a preference but a necessity, South Africa stands on the brink of significant energy transitions. This necessitates a robust legal framework and solid financing strategies to effectively navigate the complexities of energy project development. In this article we examine critical legal considerations and strategies pivotal to […]

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Your Business may now be Required to 'FICA' Your Clients

Your Business may now be Required to ‘FICA’ Your Clients.

Financial Services Law /

At Caveat Legal, we are committed to keeping you informed about regulatory changes that may affect your business operations. Many of you will be aware of the changes to the Financial Intelligence Centre Act (FICA) and, in particular, the addition of further categories of ‘Accountable Institutions’, such as high-value goods dealers, credit providers and crypto

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COFI: More work to be done before it’s effective

Financial Services Law, Legislation /

In July 2022, the Financial Sector Conduct Authority (FSCA) released its regulation plan for the next three years (2022-2025). Most significant was the effective placing on the “back burner” of the conduct of financial institutions bill (COFI) which was previously anticipated to become effective in 2022. COFI has already been through two different drafts and

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The future of cryptocurrency regulation in South Africa

Financial Services Law, Legislation /

On 11 June 2021, the Intergovernmental Fintech Working Group (IFWG), through its Crypto Assets Regulatory Working Group, published its position paper on the regulation of crypto assets in South Africa, with 25 recommendations. The regulation of crypto assets is focused on the governance of the activities of crypto assets services and in particular crypto asset

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Market conduct licence categories under COFI

Administrative Law, Financial Services Law /

The implementation of the “twin peaks model” includes the enactment of the Conduct of Financial Institutions (“COFI”) Bill. COFI will be an umbrella piece of legislation embodying the principles of “treating customers fairly” (TCF) in order to regulate market conduct, and shall be governed by the FSCA. COFI will replace significant legislation including the Long-Term

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Crypto Assets Defined as Financial Products

Financial Services Law, Fintech & Cryptocurrency Law /

Summary: Crypto assets have been declared financial products in a draft declaration issued by the FCSA The draft is open to comment from the public until 28 January 2021 Those providing advice or intermediary services in respect of crypto assets will need to register as financial services providers and be subject to stricter controls On

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Financial Assistance to Subsidiaries: Restrictions Loosened in Proposed Amendment to Companies Act

Financial Services Law, Legislation /

On 21 September 2018, the Minister of Trade and Industry (“Minister”) published the Companies Amendment Bill 2018 (“Bill”)for public comment. The Bill includes a number of amendments to the Companies Act 71 of 2008 (“Companies Act”). These amendments are largely welcomed as they seek to resolve problematic areas in the Companies Act since its coming

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