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Analysing the impact of cryptocurrencies on banking regulations : assessing opportunities and Challenges

Dissertation (LLM (Mercantile Law))--University of Pretoria, 2023.

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Other Authors: Ncube, Princess
Format: Thesis
Language:English
Published: University of Pretoria 2024
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access_status_str Open Access
author2 Ncube, Princess
author_browse Ncube, Princess
author_facet Ncube, Princess
collection Thesis
dc_rights_str_mv © 2023 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 Dissertation (LLM (Mercantile Law))--University of Pretoria, 2023.
format Thesis
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2024
publishDateRange 2024
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spelling oai:repository.up.ac.za:2263/94427 Analysing the impact of cryptocurrencies on banking regulations : assessing opportunities and Challenges Ncube, Princess Ncube, Princess Thembelihle u17004064@tuks.co.za Pearce, Dominique UCTD Banking institutions Cryptocurrencies Mauritius Money laundering and financial terrorism Transaction South Africa Dissertation (LLM (Mercantile Law))--University of Pretoria, 2023. Cryptocurrencies are a recent phenomenon that has taken the world by storm and has created overnight millionaires. However, with any emerging technology, comes opportunities, along with challenges. Finding an effective form of regulation to monitor cryptocurrencies and minimise the challenges while capitalising on opportunities, has proven onerous. In terms of banking regulations in South Africa, cryptocurrencies are unregulated and while they remain unregulated, they give rise to a number of threats to banking institutions, such as money laundering and financial terrorism. On a more positive note, cryptocurrencies provide banks with a number of advantages, such as lower transaction costs, quicker transactions times and increased security. Banking legislation such as the Banks Act 94 of 1990, Financial Intelligence Centre Act 38 of 2001, National Credit Act 34 of 2005, National Payment System Act 78 of 1998 and South African Reserve Bank Act 90 of 1989 are silent on how banking institutions are meant to handle and transact with cryptocurrencies. Different role-players in South African banking institution such as the Financial Action Task Force, Financial Intelligence Centre, Financial Sector Conduct Authority, Intergovernmental Fintech Working Group, South African Reserve Bank and South African Revenue Services all have their own stance of how cryptocurrencies should be defined and approached, however, all their approaches are different and causing confusion in South Africa. Mauritius enacted the Virtual Asset and Initial Token Offering Services Act in 2021 which has proven helpful in Mauritius. Thus, lessons could be drawn by South African regulators in order to maximise the benefits of cryptocurrencies, while minimising the risks. Mercantile Law LLM (Mercantile Law) Unrestricted Faculty of Laws SDG-08: Decent work and economic growth 2024-02-09T11:14:48Z 2024-02-09T11:14:48Z 2024-04 2023 Dissertation * A2024 http://hdl.handle.net/2263/94427 10.25403/UPresearchdata.25146275 en © 2023 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
Banking institutions
Cryptocurrencies
Mauritius
Money laundering and financial terrorism
Transaction
South Africa
Analysing the impact of cryptocurrencies on banking regulations : assessing opportunities and Challenges
title Analysing the impact of cryptocurrencies on banking regulations : assessing opportunities and Challenges
title_full Analysing the impact of cryptocurrencies on banking regulations : assessing opportunities and Challenges
title_fullStr Analysing the impact of cryptocurrencies on banking regulations : assessing opportunities and Challenges
title_full_unstemmed Analysing the impact of cryptocurrencies on banking regulations : assessing opportunities and Challenges
title_short Analysing the impact of cryptocurrencies on banking regulations : assessing opportunities and Challenges
title_sort analysing the impact of cryptocurrencies on banking regulations assessing opportunities and challenges
topic UCTD
Banking institutions
Cryptocurrencies
Mauritius
Money laundering and financial terrorism
Transaction
South Africa
url http://hdl.handle.net/2263/94427