Financial law

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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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 use of EAOs, jurisdiction and forum shopping under the spotlight

By Bouwer van Niekerk and Amy Parker MBD Securitisation (Pty) Ltd v Booi (FB) (unreported case no A263/2014, 2-7-2015) (Daffue J) A lot has been written about the recent judgment […]

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A fine balance to avoid overregulation of hedge funds

By Kerry Kopke South Africa’s hedge fund industry is not large enough to present any systemic risk to its financial industry. Therefore, the need for regulatory oversight to manage systemic […]

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Compliance in bank matters

By Felix Majoni Banks perform a crucial role in every economy. Chief among these are the provision of financing for commercial enterprises, basic financial services to the general public and, […]

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