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 …
The future of cryptocurrency regulation in South Africa Read More »
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 …
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 …
The Supreme Court of Appeal has recently addressed a very important point in our Admiralty Law. Specifically, whether or not a protective writ can protect a creditor’s maritime claim where there has been a valid change in ownership of a vessel between the time when the writ is issued and when the writ is served …
Protective Writs: No Protection against Change in Ownership Read More »
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 …
Low growth; tax revenue down; no relief from bracket creep; a bloated public service wage bill; billions in unpaid VAT refunds set to depress tax revenue even further. Not a happy message for a Minister of Finance to bring in his inaugural Budget Speech, but this is what he was stuck with, and to his …
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 …
Cryptocurrency as an Investment: Classification Hurdles Read More »
In the wake of the Panama Papers and with growing instances of data breaches and identity theft, software developers need to show that they are taking privacy seriously. The proliferation of digitised-storage of data has moved global attention to the blockchain – the technology that underpins the cryptocurrency, Bitcoin. While the future of Bitcoin is …
POPI Compliance: Can Personal Information be Stored on a Blockchain? Read More »
For 18% of the readers of this article, it will turn out to be the most important thing you read this year… While the claim in the subtitle is speculation and it remains to be seen how accurate I am with the percentile, it does give an indication of the gravity of this subject. The …
The legal industry has stayed essentially the same for a few hundred years and young people entering the profession have, historically, had a fairly good sense of what a career in law would look like, the options facing them and the time expected to reach senior positions in following each option. More recently, we have …
Navigating a Career within the Changing Legal Landscape Read More »
