Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Bank Rescue in South Africa
Mini Dissertation (LLM)--University of Pretoria, 2017.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2018
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613542296846336 |
|---|---|
| access_status_str | Open Access |
| author2 | Van Heerden, C.M. (Corlia) |
| author_browse | Van Heerden, C.M. (Corlia) |
| author_facet | Van Heerden, C.M. (Corlia) |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65725 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:48.227Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/65725 Bank Rescue in South Africa Van Heerden, C.M. (Corlia) bertusb@nedbank.co.za Burger, Bertus Roux UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. The 2008 Global Financial Crisis has revealed the importance of maintaining financial stability. A big threat to the maintenance of financial stability is however bank failure. Especially if a bank is systemically important due to its size and interconnectedness it may propagate contagion and bank runs and trigger the collapse of a whole financial system. It is therefore pertinent that the issue of bank failures be addressed, preferably by extending assistance to such a failing bank where appropriate. In South Africa bank rescue is currently facilitated in terms of section 69 of the Banks Act 94 of 1990 that provides for the Minister of Finance, on recommendation by the Registrar of Banks, to appoint a curator for a bank that is unable to pay its debts as they become due. The process of curatorship is however deficient when it comes to dealing with banks that are failing but of which some part may be rescued. This deficiency was revealed during the rescue of African bank when some innovative amendments had to be effected urgently to the Banks Act by means of the Banks Amendment Act 3 of 2015. This dissertation explores the concept of curatorship and how the curatorship process and powers of the curator was changed as a result of the problems posed by the collapse of African Bank. It looks into the restructuring of the bank and also discusses the complimentary process of the investigation into the affairs of a failing bank as set out in section 69A of the Banks Act. The dissertation further looks into international developments in the context of the prevention and mitigation of bank failures. Spesific regard is had to the Financial Stability Board's Key Attributes of Effective Resolution Regimes for Financial Institutions, pointing out that the rescue of African Bank actually comprised of bank resolution rather than curatorship in the strict sense. Mercantile Law LLM Unrestricted 2018-07-16T07:56:18Z 2018-07-16T07:56:18Z 2018/04/17 2017 Mini Dissertation Burger, BR 2017, Bank Rescue in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65725> A2018 http://hdl.handle.net/2263/65725 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Bank Rescue in South Africa |
| title | Bank Rescue in South Africa |
| title_full | Bank Rescue in South Africa |
| title_fullStr | Bank Rescue in South Africa |
| title_full_unstemmed | Bank Rescue in South Africa |
| title_short | Bank Rescue in South Africa |
| title_sort | bank rescue in south africa |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65725 |