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    The unforeseen conflict of interest

    04 June 2020
    Alessandro Scalco

    The Financial Advisory and Intermediary Act (No.37 of 2002) (FAIS) was promulgated into law in 2002 and its purpose, as per its preamble, is “to regulate the rendering of certain financial advisory...

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    Lessons from COVID-19: Don’t ignore the last page of your contract law textbook

    07 April 2020
    Rowaine Naidoo and Alessandro Scalco

    On the very last page of my Law of Contracts textbook is an innocuous section titled: “Supervening Impossibility”. Next to that, is a note in red saying: “DO NOT LEARN”.

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    Stakeholder activism: A change in the tide

    01 November 2019
    Alessandro Scalco

    Stakeholder activism has traditionally been associated with equity investment, but with investors (and asset managers) seeking ways to protect against the downside risk of the listed equity markets and to access diverse return sources, the use of alternative asset classes has become more attractive.

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    The COFI legislation to include alternative investments

    17 July 2019
    Alessandro Scalco and Rowaine Naidoo

    The Conduct of Financial Institutions Bill (“COFI”), which is expected to be tabled in Parliament this year, is said to represent the next phase of legislation aimed at remodelling the financial sector framework toward a Twin Peaks model.