Banking law

The transition from the Johannesburg Interbank Average Rate to the South African Rand Overnight Index Average: An update on the legal journey

In 2018, the South African Reserve Bank (SARB) formed the Market Practitioners Group (MPG) and, since then, has worked together with market participants, other regulators, and industry organisations to pursue […]

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Can banks be held liable to a third-party creditor of an account holder for allowing funds held by them to be misappropriated by the account holder?

Is your money or money to which you have legal claim to safe in cases where you have warehoused it in another bank account that does not belong to you? […]

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Transferring independent guarantees – a discussion

In terms of art 9 of the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit, UN Doc A/RES/50/48 (1995) (the Convention), the right to demand payment in […]

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Running out the clock: When to condone an unreasonable delay

The commentary on 4 Africa Exchange (Pty) Limited v The Financial Sector Conduct Authority and Others (GJ) (unreported case no 17/20474, 28-2-2020) (Molefe J) in this article will focus only […]

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Where to start when licencing your own stock exchange?

The stock exchange or exchange is a place where people buy and sell securities. Securities, for example, include – bonds; shares; derivative instruments; notes; debentures; and instruments based on an […]

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The Financial Services Tribunal is ready for action

The Financial Sector Regulation Act 9 of 2017 (the Act) establishes the independent Financial Services Tribunal (the Tribunal) in terms of s 219 thereof. The Tribunal replaced the Financial Services […]

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Dangers inherent in Bitcoin and other cryptocurrencies

  By Jason de Mink Cryptocurrencies are not illegal per se and are regularly utilised by consumers to perform highly secure and rapid funds transfers across national borders without being […]

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The rise of Bitcoin and other cryptocurrencies

By Jason de Mink Ongoing innovation creates opportunities to improve the general wellbeing of mankind but with the advent of new technologies also comes great challenges for nations and their […]

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