Crypto Assets Defined as a Financial Product Under FAIS
On 20 November 2020, the Financial Sector Conduct Authority (FSCA) published the draft declaration of crypto assets as a “financial product” as defined in terms of section 1 of the Financial Advisory and Intermediary service Act 37 of 2002 (FAIS Act). This publication has ended years of speculation about the classification and regulation of cryptocurrency […]
Forcing a Sale of Shares in a Company: The Deemed Offer Clause
Once a person owns shares in a company it is very difficult under law to force them to sell their shares to either the other shareholders or the company. The main way to force someone to sell their shares is by recording the terms for when this would arise in a contract. The most common […]
Quotation: POPIA Basic Compliance
The Protection of Personal Information Act (“the Act”) has now been commenced, which simply means that the entire Act is now valid and everyone has until 30 June 2021 to become compliant. The Act applies to all businesses in South Africa. To make it easier to implement, we have developed a so-called privacy pack. This […]
Electronic Signatures: What Is Required Under Law?
While the pandemic and resultant adaption of work-from-home protocols have been a catalyst for the next stage of the digital revolution, electronic signatures and their validity have been under scrutiny for a number of years. Not only do electronic signatures allow for the accommodation of a more virtual working environment, but a renewed paperless approach […]