FAIS Act Archives - GilesFiles

Destroying trust relationship: Grossly negligent conduct

by GilesFiles | Apr 7, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Performance, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Financial services broker: Breach of trust

by GilesFiles | Apr 17, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, LRA Sch 8: GP Code, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Protectable interests considered: Restraints and novation

by GilesFiles | Dec 3, 2021 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Refused, Sectors, Topics, Trade restraints, Urgency | 0 |

Heritage Financial Consultants (Pty) Ltd v Ramborosa What restraints need to be agreed regarding protectable interests and confidentiality to ensure that they are considered for a restraint order? “44 But this does not...

Defining financial product: Identify before determination

by GilesFiles | Apr 30, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Common law, Courts, Declaratory, Disputes: factual, Evidence & onus, Exceptions/special pleas, Finance, General, Interpretation etc, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

Debarring service provider: FAIS Act interpreted and applied

by GilesFiles | Jun 12, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Conduct - gross, Costs, Courts, Evidence & onus, Exceptions/special pleas, Finance, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Statutes (LRL 2)-work, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Associated Portfolio Solutions (Pty) Ltd v B In allowing the appeal concerning the debarring of a financial service provider the SCA confirmed that the “FAIS Act vests the power to debar in persons who inevitably would...

Tag: FAIS Act

Destroying trust relationship: Grossly negligent conduct

Financial services broker: Breach of trust

Protectable interests considered: Restraints and novation

Defining financial product: Identify before determination

Debarring service provider: FAIS Act interpreted and applied