Banking and Finance

Banking and finance services, advice and support in relation to credit and finance agreements, transaction structuring, financing agreements, securities and negotiable instruments, shares and debentures, regulatory compliance, opinions, and drafting of related documentation and agreements.

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Insights

Bypassing the National Credit Act may come back to bite you

02 June 2025

Think you can sidestep credit laws with ‘friendly’ loans or sneaky deals? Think again. Discover why trying to outsmart the... National Credit Act could lead to costly surprises you never saw coming.

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Article

When credit agreements get sticky

06 May 2025

Navigating the ins and outs of credit agreements under the National Credit Act can feel like walking through legal quicksand.... One wrong clause or overlooked procedure, and your entire case could come undone. Before enforcing your rights, make sure you’re not stepping into a sticky situation of your own making.

459

Article

Do you need to register as a credit provider? Here's when and how

06 May 2025

Thinking of granting credit, even just once? You might be surprised to learn that doing so—even for as little as... R1—could trigger a legal requirement to register as a credit provider. With recent changes lowering the registration threshold to zero, understanding when and how to register is more important than ever. Whether you're a busi

390

Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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Article

Be wary of an ‘instant loan’

15 September 2022

Open any newspaper, check your junkmail or read one of the many unsolicited sms or WhatsApp messages and you will... find an advertisement from a credit provider offering an instant credit loan, some even going so far as to state you are immediately approved. But how legit are these solicitations?

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Article

Double insurance – stroke of genius or waste of money?

15 July 2022

We all know that insurance is there to provide relief from an uncertain event that could arise and cause damage... to your property. But, can you insure for example your car with two insurers and should your car be written off in an accident claim for and receive double compensation from two insurers for the same accident? You have after all paid them

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Article

How conditional is a performance guarantee?

15 November 2021

Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil... project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance

1426

Article

Wrong funds in your account? What can you and your bank do with the funds?

20 May 2021

I recently had the situation where a third party accidentally paid a sum of money into our business account. Our... banker saw the amount and asked whether it could be used to settle some of our company’s debt with the bank. When informed that it was not our money, the re-transfer to the third party was arranged. However, I was wondering what wo

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