Despite the Financial Sector Conduct Authority’s (FSCA) declaration and regulation of crypto assets as a financial product in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS) late last year, the Financial Surveillance Department (FinSurv) of the South African Reserve Bank (SARB) has still not shared its position regarding crypto assets.
Continue readingSouth Africa: Security for construction projects when the usual avenues are closed
When traditional forms of security for construction projects are not available to cover the risk of contractor default, failure to pay or insolvency, employers may opt for alternative security measures. One form of security is special notarial bonds (SNBs).
Continue readingSouth Africa: Information Regulator issues PAIA compliance notices
On 6 October 2023, the Information Regulator of South Africa circulated a ‘compliance notice’ in terms of section 83(3)(d) of the Promotion of Access to Information Act 2 of 2000 (PAIA).
Continue readingSouth Africa: JSE Simplification Project – a rewrite of the JSE Listings Requirements
The Johannesburg Stock Exchange is proposing a complete rewrite of its JSE Listings Requirements in terms of a Simplification Project which has recently commenced and is expected to run over the next 18 months.
Continue readingSouth Africa: Warning – exchange controls apply beyond cross-border transactions
Exchange controls are generally aimed at governing cross-border transactions (including forex activities and arrangements between residents and non-residents) in a particular jurisdiction.
Continue readingHarnessing Africa’s free trade agenda – AfCFTA Protocol on Competition
The AfCFTA is alive to the fact that anti-competitive and other restrictive business practices constitute an obstacle to the achievement of a single African market. Consequently, the AfCFTA makes provision for a Protocol on Competition Policy (the Protocol), which we discuss in this part of the series.
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