Kelly-Louw, M and Lawack, V. Contemporary Banking and Finance Law. – Juta, 2025
Print ISBN: 9781485153788
About this publication:
“During May 2023 Professor Michelle Kelly-Louw and Professor Vivienne Lawack co-founded the Banking Lawyers’ Alliance in South African (“BLASA”). BLASA is a forum who brings together academics (established and emerging), legal practitioners, postgraduate students, regulators and research collaborators in the field of banking and finance law in South Africa and other African Countries. This specialised law book is a key component of BLASA’s inaugural research projects, offering in-depth analysis and insight into the field while contributing to the foundation of the forum’s scholarly work.”
Content
Part 1: Bank and Financial Regulation and Bank Failures
Chapter 1: Reconciling the Protection of Financial Consumers and the Protection of Financial Stability in South Africa
Chapter 2: Bank Resolution in South Africa
Chapter 3: Bail-ins: An Ingenious Way of Rescuing Banks or Unlawful Expropriation?
Chapter 4: The Legal and Regulatory Framework Used to Address the Failure of Tanzanian Banks Measured Against International Best Practice
Chapter 5: Contemporary Issues in Deposit Insurance Scheme Design and Implementation: The Case of South Africa
Part 2: Digitisation and Fintech Law and Regulation
Chapter 6: Regulatory Modernisation in Response to Digital Transformation in South Africa’s Banking Sector
Chapter 7: Fintech and Financial Inclusion in South Africa: Mechanisms for Promoting Access to Finance
Chapter 8: Open Finance: Can It Promote the ‘Treating Consumers Fairly’ Principles in the South African Insurance Industry?
Chapter 9: Using Crypto As Security for the Payment of a Debt in South Africa
Chapter 10: Aspects of Jurisdiction in Relation to Cryptocurrencies: A South African Perspective
Chapter 11: Central Bank Digital Currency as a Vehicle for Financial Inclusion in Peer-To-Peer Payments and Peer-To-Business Payments in Emerging Markets and Developing Economies
Part 3: Consumer Credit and Financial Inclusion
Chapter 12: Financial Product Standards, Principles and Features for Basic Bank Accounts in South African Law
Chapter 13: Consumer Credit Insurance in South Africa: Consumer-Friendly or Unnecessary Burden?
Chapter 14: The Validity Under the National Credit Act 34 of 2005 of ‘On-the-Road Fees’ Charged by Vehicle Finance Houses
Part 4: Finance Instruments and Guarantees, Payment Systems and Targeted Financial Sanctions
Chapter 15: UCP 600 as South African Trade Usage or Custom
Chapter 16: Navigating the Shifting Sands of the Standard of Conformity Under Demand Guarantees
Chapter 17: The Pan-African Payment System
Chapter 18: South Africa’s Controversial Relationship With Russia: Exploring the Risks of the United States’ Targeted Financial Sanctions for South African Banks