ESG Requirements in South Africa
South African banks do not currently have any regulatory requirement to disclose information relating to how they are implementing Environme
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Melissa van der Merwe
Mar 222 min read
A Brief Overview of DORA
A series of recent high-profile outages and business disruptions at European banks has highlighted the threat that a lack of digital...
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Melissa van der Merwe
Mar 123 min read
Overview: Three different Margin Flow Approaches provided for in an Initial Margin Credit Support Document
It is possible that a counterparty pair may have an existing Credit Support Annex (CSA) which provides for one party to post an...
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Melissa van der Merwe
Feb 232 min read
Technological Advances in Serving Section 5 & 6 ISDA® Notices: The ISDA® Notices Hub
At the ISDA® Annual Legal Forum in London, I was excited to hear that work is underway on a new platform called the ISDA® Notices Hub –...
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Melissa van der Merwe
Feb 82 min read
A Dummy’s Guide to the Voluntary Carbon Credit Market
I was the ‘dummy’ in the room at the ISDA® Annual Legal Forum in London at the end of January, until a great panel of experts (Peter...
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Melissa van der Merwe
Jan 302 min read
How Technology is Aiding the Automation and Efficiency of the Derivatives Market
It is no secret that technology and automation have transformed modern life – from smart phones changing the way we communicate and...
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Melissa van der Merwe
Jan 164 min read
What Does 2024 Hold for the South African Derivatives Markets?
As we move into 2024, there are some key developments and regulatory deadlines which should be on your radar. A. Initial Margin...
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Melissa van der Merwe
Jul 19, 20232 min read
How has the FMA changed the out-and-out cession of uncertificated securities?
Historically, if one wanted to use securities as a way of securing an obligation (for instance, using securities as collateral to secure...
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Melissa van der Merwe
May 29, 20232 min read
What is the ISDA® Set-off Provision?
The standard set-off provision can be found in clause 6(f) of the 2002 ISDA® Master Agreement. Set-off is used in the final settlement...
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Melissa van der Merwe
Apr 27, 20232 min read
How do you categorise & treat sub-funds or accounts of funds under the Joint Standard in SA?
The Joint Standard 2 of 2020 Margin Requirements for non-centrally cleared OTC Derivative Transactions (‘the Margin Rules’) apply to a...
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Melissa van der Merwe
Apr 18, 20232 min read
An Overview of the ‘Collateral Arrangement’ Amendment in the Taxation Laws Act
On 1 January 2023 an amendment to the 'collateral arrangement' definition was brought into effect. The impact of this amendment is that...
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Melissa van der Merwe
Aug 2, 20221 min read
7 Steps To Take Ahead of USD LIBOR Cessation (June 2023)
Stop creating new USD LIBOR contracts as soon as possible. Identify existing contracts that reference USD LIBOR (early identification is...
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