Kelle Gagné
Partner | Cape Town
Contact
T: +27 21 480 7950
Overview
Kelle advises local and international clients on all transactional and regulatory aspects of OTC derivative, securities lending and repo transactions. She also advises on a wide range of regulatory matters including in relation to OTC derivatives, financial services, payment systems, financial market infrastructures, crypto assets and banking, including capital relief.
Kelle is widely recognised as an expert in relation to netting and collateral issues in the South African legal framework. Kelle is counsel to the International Swaps and Derivatives Association (ISDA) in South Africa. She also drafted the South African Securities Lending Association (SASLA) schedule the GMSLA and is a regular speaker and panelist at OTC derivative and securities finance conferences in South Africa.
Experience
Jurisdictions worked in: South Africa and the United States of America, United Kingdom
Languages fluent in: English and Russian
* experience gained prior to joining Bowmans
Kelle has advised:
- International Swaps and Derivatives Association Inc. (ISDA) by issuing the South Africa industry opinions, and by drafting the 2025 Strate CMS / RSA Collateral Addendum to the 2019 Collateral Transfer Agreement (IM) and the 2025 South African law governed Security Agreement for IM.
- aosphere LLP by providing content for their South African law questionnaires on crypto regulation, G20 based derivatives regulation, regulation of financial product marketing, pre-insolvency enforceability of derivative contracts, cross-border lending and reportability of shareholding under South African laws.
- South African Securities Lending Association (SASLA) to interact with National Treasury and the Reserve Bank regarding amendments to the resolution regime for financial institutions.
- Several South African financial services groups in relation to Basel III implementation and undrawn commitments.
- A global financial institution in relation to FLAC instruments.
- A global financial institution, as South African counsel, in a number of share buyback transactions.
- A global financial institution in relation to cross-border cash pooling advice.
- Global and local financial institutions on implementation of the ISDA initial margin documents for compliance with South African IM regulations.
- A global financial institution, as South African counsel, in a number of funded equity collar transactions.*
- Several global financial institutions on the compliance of local market infrastructures with the UK, EU and South African banking regulatory requirements for beneficial capital treatment.*
- A global development finance institution in relation to South African regulatory capital treatment of certain guarantee products.*
- A US-registered investment advisor in relation to shareholding disclosure in South Africa.*
- An international tech company on the rollout of NFT services to South African customers.*
- An international payments provider (headquartered in the USA) on South African licensing requirements.*
AREA OF EXPERTISE
Qualifications
Education
- LLB, Law, University of South Africa
- JD, Law, New York University School of Law
- BA, Politics and Russian, Mount Holyoke College
Professional Memberships
- Admitted as an Attorney, South Africa
- Admitted as an Attorney, New York – USA
- Admitted as an Attorney, Massachusetts – USA (retired status).
INSIGHTS
Overview
Kelle advises local and international clients on all transactional and regulatory aspects of OTC derivative, securities lending and repo transactions. She also advises on a wide range of regulatory matters including in relation to OTC derivatives, financial services, payment systems, financial market infrastructures, crypto assets and banking, including capital relief.
Kelle is widely recognised as an expert in relation to netting and collateral issues in the South African legal framework. Kelle is counsel to the International Swaps and Derivatives Association (ISDA) in South Africa. She also drafted the South African Securities Lending Association (SASLA) schedule the GMSLA and is a regular speaker and panelist at OTC derivative and securities finance conferences in South Africa.
Experience
Jurisdictions worked in: South Africa and the United States of America, United Kingdom
Languages fluent in: English and Russian
* experience gained prior to joining Bowmans
Kelle has advised:
- International Swaps and Derivatives Association Inc. (ISDA) by issuing the South Africa industry opinions, and by drafting the 2025 Strate CMS / RSA Collateral Addendum to the 2019 Collateral Transfer Agreement (IM) and the 2025 South African law governed Security Agreement for IM.
- aosphere LLP by providing content for their South African law questionnaires on crypto regulation, G20 based derivatives regulation, regulation of financial product marketing, pre-insolvency enforceability of derivative contracts, cross-border lending and reportability of shareholding under South African laws.
- South African Securities Lending Association (SASLA) to interact with National Treasury and the Reserve Bank regarding amendments to the resolution regime for financial institutions.
- Several South African financial services groups in relation to Basel III implementation and undrawn commitments.
- A global financial institution in relation to FLAC instruments.
- A global financial institution, as South African counsel, in a number of share buyback transactions.
- A global financial institution in relation to cross-border cash pooling advice.
- Global and local financial institutions on implementation of the ISDA initial margin documents for compliance with South African IM regulations.
- A global financial institution, as South African counsel, in a number of funded equity collar transactions.*
- Several global financial institutions on the compliance of local market infrastructures with the UK, EU and South African banking regulatory requirements for beneficial capital treatment.*
- A global development finance institution in relation to South African regulatory capital treatment of certain guarantee products.*
- A US-registered investment advisor in relation to shareholding disclosure in South Africa.*
- An international tech company on the rollout of NFT services to South African customers.*
- An international payments provider (headquartered in the USA) on South African licensing requirements.*
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