Law of Banking and Payment in South Africa

Law of Banking and Payment in South Africa
Author: Robert Sharrock
Publisher:
Total Pages: 532
Release: 2016
Genre:
ISBN: 9780702199783

The Law of Banking and Payment in South Africa provides an explanation of some of the more important aspects of the law applicable to banks and banking in South Africa, along with the principles that govern payment and payment systems in this country. The Law of Banking and Payment in South Africa covers the following areas: a general introduction to banks and banking law; the nature of banking law and its sources; the role and function of the Reserve Bank and the various statutes that regulate banks; the bank-customer relationship; miscellaneous banking services provided by banks; general principles of payment; the law applicable to various payment systems; unauthorised cheque payments and unauthorised electronic funds transfers; international sale transactions; and bank guarantees.

Banking Regulation in Africa

Banking Regulation in Africa
Author: Folashade Adeyemo
Publisher: Routledge
Total Pages: 148
Release: 2021-12-28
Genre: Law
ISBN: 1000517071

There is little literature on the development of banking regulation in Nigeria, or the scope of powers of the Central Bank of Nigeria, which is its core banking sector regulator. The critical impetus of this book is to contribute to the literature of this area, with a detailed exploration of the Nigerian regulatory architecture. In addition, the book also engages in a comparative analysis with two emerging economies in Africa: South Africa and Kenya. It also considers the UK and the US as comparator jurisdictions in light of their regulatory responses to the global financial crisis of 2008. This book contributes to the ongoing discourse in this area by exploring, in detail, the theoretical underpinnings of regulation and supervision, to determine whether there is an understanding of what constitutes effective regulation in these jurisdictions. Given that Nigeria is the core jurisdictional focus, a historical account of banking exchanges from the pre-colonial era to more recent times is provided. Offering an understanding of how political, local and economic settings, in conjunction with the theories of regulation, have impacted and influenced regulatory development in Nigeria, the book engages in an examination of Nigeria’s historical experiences with bank failures, including the banking crisis it experienced in 2008. The newly enacted Banks and Other Financial Institutions Act 2020 is also explored as part of this discourse. Through a critical analysis of the law, the book demonstrates that the Nigerian regulator has historically adopted a reactionary strategy, instead of a proactive and pragmatic approach, which is imperative for an effective regulatory regime. The outcome of this analysis is that there are lessons to be learned, and proposals are discussed in order to rethink the act of banking regulation.

Securities and Capital Markets Regulation in South Africa

Securities and Capital Markets Regulation in South Africa
Author: C. King Chanetsa
Publisher: BRILL
Total Pages: 105
Release: 2019-08-26
Genre: Law
ISBN: 9004413057

An effective capital markets industry has existed in South Africa for over 120 years. As recently as 2015, South Africa was considered the best regulator of securities in the world. The fall out from the GFC contained lessons for all markets, but not to the same extent. In the pursuit of G20 inspired conformity, aspects of the South African reform agenda may therefore appear replicative of initiatives in other jurisdictions and, consequently, uncritical in parts. In light of the fall to forty sixth place in the world in securities regulation ranking and some uncertainty in respect of the extent and shape of the reform process, C. King Chanetsa reviews activities in South Africa along the busy securities and capital markets value chain, and considers the continuing and emerging regulatory and supervisory framework.

The Regulation of Mobile Money

The Regulation of Mobile Money
Author: Sunduzwayo Madise
Publisher: Springer
Total Pages: 436
Release: 2019-03-26
Genre: Business & Economics
ISBN: 3030138313

The emergence of mobile money and other new forms of payment has changed the sovereign foundations of money. Starting as a Department for International Development funded project in Kenya, mobile money has now spread to many developing countries. This book looks at the regulatory issues that mobile money poses, and the potential risks to the financial system. It undertakes a comparative study of mobile money regimes in Kenya, Malaŵi, Tanzania, and South Africa. Although the main study is on Malaŵi, the lessons learnt are valuable to Sub Saharan Africa in understanding the regulatory issues surrounding mobile money. The main argument that this book makes is that the traditional regulatory architecture of supervising the financial services is ill-suited to supervise new forms of money like mobile money. With no requirement for a bank account, mobile money is not subject to prudential regulation. Mobile money is now considered a key developmental tool to achieve financial inclusion among the poor, rural based, unbanked, and underbanked. As opposed to traditional additive forms of financial inclusion, mobile money is transformative. In most jurisdictions where it has been launched, mobile money has largely been regulated using light-touch, with regulation following innovation. This work, however, proposes an approach based on the concept of really responsive regulation. This approach is best suited to embrace mobile money as it passes from the pre-financial inclusion to the post-financial inclusion phases of its evolution. This book will appeal to students and academics in the financial regulation field.

The Law of Securities, Commodities and Bank Accounts

The Law of Securities, Commodities and Bank Accounts
Author: Marek Dubovec
Publisher: Edward Elgar Publishing
Total Pages: 251
Release: 2014-04-25
Genre: Business & Economics
ISBN: 1782549021

The author identifies and explains the critical components and functions of the systems for the holding of rights in accounts with intermediaries, identifying underlying principles that should be embodied in modern legislation underpinning the law of a

South African Banking Legislation

South African Banking Legislation
Author: Francois Retief Malan
Publisher:
Total Pages: 400
Release: 1991
Genre: Banking law
ISBN: 9780702125720

This publication collects the most important legislation pertaining to banking in one comprehensive volume. Relevant regulations are included.

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency
Author: International Monetary Fund. Monetary and Capital Markets Department
Publisher: International Monetary Fund
Total Pages: 77
Release: 2009-04-17
Genre: Business & Economics
ISBN: 1498336051

This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.