- Publications & Insights
Keryn Layton-McCann is a senior associate in our Cape Town office’s Banking and Finance Department and member of the Banking and Financial Services Regulatory practice group.
Keryn specialises in financial services (including fintech services), securities, investment funds and banking regulations. She regularly advises clients, both local and international, on the application and implications of the Financial Sector Regulation Act, 2017; the Financial Advisory and Intermediary Services Act, 2002; the Collective Investment Schemes Control Act, 2002; the Banks Act, 1990; the Insurance Act, 2017; the Long-Term Insurance Act, 1998, the Short-Term Insurance Act, 1998, the Financial Intelligence Centre Act, 2001; the National Payment System Act, and the National Credit Act, 2005; (along with the regulations to and host of subordinate legislation promulgated under this legislation). She also advises clients in relation to the Conduct of Financial Institutions Bill.
Keryn regularly advises clients such as financial service providers, fund managers, payment service providers, fintech service providers, credit providers, credit bureaux and OTC derivatives providers with applications for regulatory registration, licensing, authorisation, approval and exemptions. In addition, Keryn also assists clients with ongoing compliance matters, product distribution and marketing requirements in terms of applicable legislation. She also assists clients with submissions to, and appearances before regulators, such as the Prudential Authority, the Financial Sector Conduct Authority and the National Credit Regulator.
Before joining Bowmans, Keryn worked in London and New York in the financial services industry for 12 years. Her previous experience centered around working with multinational corporate and institutional clients to find commercially sound hedging strategies to commodities exposure, more specifically, base precious and ferrous metals.
Keryn has BCom and LLB degrees from the University of Stellenbosch, and an LLM from the University of Cape Town. She was admitted as an attorney in 2019.
- Keryn has assisted on various financial services regulatory matters, including fintech services. She also has assisted on various matters relating to cryptocurrencies and the regulation of payment systems. Advised and assisted various entities to obtain authorisation or exemptions (where relevant) from the Financial Sector Conduct Authority in accordance with the requirement to be licensed as a financial service provider in terms of the Financial Advisory and Intermediary Services Act, 2002.
- Keryn regularly assists clients with submissions to regulators regarding ongoing compliance obligations and / or possible enforcement action.
- Advised clients in relation to the application process to be authorised as an OTC derivatives provider.
- Keryn is involved in the provision of advice to clients on a wide variety of topics such as the designation of insurance groups and the implications thereof; the ‘significant owner’ provisions relating to ‘eligible financial institutions’ such as banks and insurers in restructuring transactions; as well as the interpretation of insurance policies and the ensuing liability thereunder.
Publications & Insights
- Recent judgement on COVID-19 insurance claims brings to mind TCF principles
- COVID-19: FSCA’s latest stance on Business Interruption insurance cover
- COVID-19: Financial Conduct Authority – business interruption test case
- COVID-19: FSCA stance on Business Interruption insurance cover
- COVID-19: High Court decision on business interruption insurance claim
- Joint Standard 1 of 2020: Fitness, Propriety and other matters related to Significant Owners, South Africa
- COVID-19: Regulatory response to business interruption insurance
- COVID-19: Further Communication to Accountable Institutions
- COVID-19: Proposed implementation dates of specific regulatory frameworks, South Africa
- COVID-19: Communication to South African accountable institutions