South Africa: Securitization & Structured Finance

Following the 2007 – 2009 financial crisis, it became evident globally that there were weaknesses in the financial regulation of commercial banks, specifically in relation to the liquidity...

"Basel IV" is the latest regulatory capital standard introduced by Basel Committee on Banking Supervision for internationally active banks.

Banks designated as systemically important financial institutions ("SIFIs") by the South African Reserve Bank ("Reserve Bank") and their holding companies will be required to meet minimum...

A recent judgment from the Supreme Court of Appeal has provided important clarification on the application of prescription in the context of misappropriation of funds within a close corporation.

Foreclosure on a primary residence is one of the most emotionally and economically devastating events that a debtor can face.

The JSE Limited ("JSE") undertook the ‘Rejuvenation Project' that included, among other things, a review of the composition and appropriateness of Section 19 (Specialist Securities)...

The Companies Act 71 of 2008 (the Companies Act) has brought about a unique change in business methods.

ENS acted on behalf of Investec Bank Limited in an application for summary judgment against a defendant where the defendant had stood surety for the debts of certain companies.

With the introduction of business rescue by the new Companies Act (which came into effect on 1 May this year), a company director is obligated to either pass a resolution for business rescue or for liquidation, as soon as he or she becomes aware that the company is trading in a financially distressed situation or notify all stakeholders of the basis for not doing so.

Settling the balance is not the finish line; the bond must be cancelled before you transfer or refinance. We handle notice, figures, and lodgement so the mortgage falls away on cue.

In lending transactions, the placement of the interest rate clause within loan and security documents is an important decision that affects legal clarity, enforceability, borrower protections, and market practice

When registering immovable property and mortgage bonds, a Conveyancer must carefully consider the seller's, purchaser's, or mortgagor's marital status and the applicable matrimonial regime.