Tshepo Twala
Senior Associate | Johannesburg
Contact
T: +27 11 669 9250
Overview
Tshepo Twala is a financial sector-focused regulatory lawyer who specialises in financial services (including asset management), securities, collective investment schemes, hedge funds, fund management, domestic and international payment services, financial technology (fintech) services, regulated lending, exchange control, banking services and anti-money laundering and counter-terrorist financing.
He regularly advises financial service providers (including asset managers), collective investment schemes, hedge funds, capital market participants (such as exchanges, brokers, custodians and nominees), private funds, fund managers, domestic and international payment service providers, fintech service providers, regulated credit providers and banks on compliance matters, product distribution and marketing requirements, and on registration, licensing, authorisation and approval requirements.
Experience
Tshepo has provided legal advice to:
- Discover Financial Services, Diners Club International and PULSE in respect of Discover Financial Services’ payment processing activities in South Africa.
- MTN Group Limited in respect of its proposed launch of a ‘buy-now and pay-later’ product in its mobile money platform.
- Euronext Securities in respect of its proposed central securities depository services in or into South Africa.
- Luno in respect of its application for authorisation as a financial services provider by the Financial Sector Conduct Authority, for ‘crypto assets’ as a financial product in particular, in terms of section 8 of the Financial Advisory and Intermediary Services Act, 2002.
- Capitec Bank Limited in respect of its partnership with EasyEquities, conducted regulatory due diligence.
- KuCoin in respect of the proposed launch of its cryptocurrency platform in South Africa.
- MUFG Bank in respect of its proposed provision of corporate finance services to securities issued by South African issuers.
- Nomura in relation to the distribution of its foreign (UCITS) funds for in South Africa.
- Various South African banks on capital adequacy and credit risk mitigation requirements.
- Onafriq in respect of its proposed cross-border and domestic payment service activities in South Africa.
- Bridgewater in respect of its proposed trading of single security equity swaps on the Johannesburg Stock Exchange.
- Worldcoin in respect the launch of its global digital currency in South Africa that will give a share to everyone, for free.
- MoneyGram International in respect of its proposed USDC remittance services and holding funds / performing person-to-person transfers within South Africa.
- A South African entity in respect of incorporating a mutual bank for the transport industry in South Africa, and providing assistance in respect of the applicable registration, licensing, authorisation and approval processes.
- Saxo Bank A/S in respect of its Danish and English law-governed institutional trading agreements.
- Paystack South Africa Proprietary Limited in relation to its proposed provision of manual settlements service to its merchants in South Africa.
- LXi REIT plc in respect of its offering of shares to a small number of institutional/professional investors in South Africa as part of the placing.
- Marsh on various insurance and financial services regulatory requirements, including cross-border advice.
- Cornerstone Private Equity in respect of South African marketing requirements and registration, licensing, authorisation and approval requirements applicable to its new fund which is to be structured as a Jersey limited company.
- The Hollard Insurance Company Limited in their substitution of security bonds dispute against the Chief Master of the High Court of South Africa.
- Various local and foreign private funds in relation to compliance with South African financial sector laws.
- JP Morgan Chase Bank, N.A in respect of its proposed offering of transactional banking services and payment accounts to small and mediums-sized enterprises in South Africa.
- AngloGold Ashanti Limited in respect of its group personal accident policy underwritten by Santam Limited.
- Oceva Risk Solutions Limited in relation to its procurement of an insurance guarantee from Mutual & Federal Risk Financing Limited in order to insure its surety policy.
- Various clients on applicable exchange control requirements and applications for exchange control approval.
- Tshepo has provided banking and financial regulatory assistance in more than 40 mergers, acquisitions and amalgamation transactions in the last 6 years and most of these transactions are strictly confidential in their nature. If any information is required in respect of some of these transactions, such information can be made available where permissible.
AREA OF EXPERTISE
Qualifications
Education
- LLB (with distinction), University of Pretoria.
- LLM (with distinction), University of Pretoria.
INSIGHTS
Overview
Tshepo Twala is a financial sector-focused regulatory lawyer who specialises in financial services (including asset management), securities, collective investment schemes, hedge funds, fund management, domestic and international payment services, financial technology (fintech) services, regulated lending, exchange control, banking services and anti-money laundering and counter-terrorist financing.
He regularly advises financial service providers (including asset managers), collective investment schemes, hedge funds, capital market participants (such as exchanges, brokers, custodians and nominees), private funds, fund managers, domestic and international payment service providers, fintech service providers, regulated credit providers and banks on compliance matters, product distribution and marketing requirements, and on registration, licensing, authorisation and approval requirements.
Experience
Tshepo has provided legal advice to:
- Discover Financial Services, Diners Club International and PULSE in respect of Discover Financial Services’ payment processing activities in South Africa.
- MTN Group Limited in respect of its proposed launch of a ‘buy-now and pay-later’ product in its mobile money platform.
- Euronext Securities in respect of its proposed central securities depository services in or into South Africa.
- Luno in respect of its application for authorisation as a financial services provider by the Financial Sector Conduct Authority, for ‘crypto assets’ as a financial product in particular, in terms of section 8 of the Financial Advisory and Intermediary Services Act, 2002.
- Capitec Bank Limited in respect of its partnership with EasyEquities, conducted regulatory due diligence.
- KuCoin in respect of the proposed launch of its cryptocurrency platform in South Africa.
- MUFG Bank in respect of its proposed provision of corporate finance services to securities issued by South African issuers.
- Nomura in relation to the distribution of its foreign (UCITS) funds for in South Africa.
- Various South African banks on capital adequacy and credit risk mitigation requirements.
- Onafriq in respect of its proposed cross-border and domestic payment service activities in South Africa.
- Bridgewater in respect of its proposed trading of single security equity swaps on the Johannesburg Stock Exchange.
- Worldcoin in respect the launch of its global digital currency in South Africa that will give a share to everyone, for free.
- MoneyGram International in respect of its proposed USDC remittance services and holding funds / performing person-to-person transfers within South Africa.
- A South African entity in respect of incorporating a mutual bank for the transport industry in South Africa, and providing assistance in respect of the applicable registration, licensing, authorisation and approval processes.
- Saxo Bank A/S in respect of its Danish and English law-governed institutional trading agreements.
- Paystack South Africa Proprietary Limited in relation to its proposed provision of manual settlements service to its merchants in South Africa.
- LXi REIT plc in respect of its offering of shares to a small number of institutional/professional investors in South Africa as part of the placing.
- Marsh on various insurance and financial services regulatory requirements, including cross-border advice.
- Cornerstone Private Equity in respect of South African marketing requirements and registration, licensing, authorisation and approval requirements applicable to its new fund which is to be structured as a Jersey limited company.
- The Hollard Insurance Company Limited in their substitution of security bonds dispute against the Chief Master of the High Court of South Africa.
- Various local and foreign private funds in relation to compliance with South African financial sector laws.
- JP Morgan Chase Bank, N.A in respect of its proposed offering of transactional banking services and payment accounts to small and mediums-sized enterprises in South Africa.
- AngloGold Ashanti Limited in respect of its group personal accident policy underwritten by Santam Limited.
- Oceva Risk Solutions Limited in relation to its procurement of an insurance guarantee from Mutual & Federal Risk Financing Limited in order to insure its surety policy.
- Various clients on applicable exchange control requirements and applications for exchange control approval.
- Tshepo has provided banking and financial regulatory assistance in more than 40 mergers, acquisitions and amalgamation transactions in the last 6 years and most of these transactions are strictly confidential in their nature. If any information is required in respect of some of these transactions, such information can be made available where permissible.
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