Practise Area: Banking Law

Banking Law, a subset of Commercial Law, is currently regulated by the National Credit Act. It oversees the relationship between banks and clients. Banking services are essential for business owners' success.

We offer comprehensive assistance in Banking Law and the bank-client relationship.

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SB Lawyers: South African Lawyers Prioritising Your Banking Law Issues

Daniel founded the firm with a focus on family law and commercial/banking law, drawing on his previous experience as a legal practitioner in Johannesburg and nearly a decade of service at a commercial bank. During his time at the bank, he played a key role in mergers and supported the HR department on labor issues, having received specialized training from UNISA.

In 2005, Yolandie Borman joined the firm. She now leads the Family and Child Law division and shares responsibility for the Labour Law division.

We are professional and experienced lawyers providing trusted legal support for your unique needs.

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Banking Law in South Africa

Banking law in South Africa, a key area of commercial law, is governed by a broad legal framework that includes the Banks Act 94 of 1990, Financial Sector Regulation Act, and Financial Intelligence Centre Act, among others. These laws regulate financial institutions such as banks, cooperative banks, and mutual banks. The South African Reserve Bank plays a vital role in overseeing the banking sector and ensuring compliance with prudential and conduct standards.

Banking law also covers aspects like data protection under the Protection of Personal Information Act (POPIA), adherence to the Code of Banking Practice, and compliance with the Companies Act. The Co-operative Banks Act and Mutual Banks Act further regulate cooperative and mutual banks.

The Financial Sector Conduct Authority and the Financial Intelligence Centre are key enforcers of compliance, with the Financial Intelligence Centre Act focused on preventing money laundering and maintaining financial system integrity.

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SB Lawyers In The Banking Law Environment

We have extensive experience in all areas of banking law and a combined expertise of approximately 32 years. At SB Lawyers, we can confidently say that we are knowledgeable in all aspects of banking law.

Our mission is to provide effective legal solutions at affordable rates. This mission applies to all areas of expertise within the firm's practice. We emphasize a balanced view that legal solutions should weigh favourably against client costs and fees. The firm does not support risk-based or cost-exceeding legal solutions.

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Our Services in Banking Law

We offer comprehensive assistance in all aspects of banking law and the regulation of the bank-client relationship. Our expertise includes:

  • Protecting consumer rights in the banking sector, including access to banking services and the protection of personal financial information.
  • Assisting with the legal aspects of banking transactions, digital banking, and financial technology (FinTech).
  • Assisting consumers with foreclosure-procedures. The term foreclosure means that a bank has, by way of legal process (litigation), commenced with a process to seek an order of Court, permitting the bank to sell the property of a consumer bonded by the bank as security for the obligation by the consumer towards the bank. This kind of litigation is complex, involve the provisions of the National Credit Act and renders it difficult for consumers to protect their rights whenever a bank commences with litigation to, ultimately, seek the selling of the consumer’s property and the eviction of a consumer and his/her family. Litigation of this nature can be well managed by us in order to attempt to ensure a legal solution to this kind of cases.

Address

L0-T1, Ground Floor, North Wing, Riverwalk Office Park, Cnr of Garsfontein Road & Matroosberg Road, Ashlea Gardens, Pretoria

Contact Us

Office Number: 012 346 8606​
Daniël Schoeman: 083 268 4788
Yolandie Borman: 084 401 0336

sbattorneys@sblawyers.co.za
legalassist@sblawyers.co.za

Business Hours

Monday to Thursday:
08:00 – 16:30

Fridays:
08:00 – 15:00

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