n Without Prejudice - An overview of South Africa’s financial institutions resolution framework - financial law

Volume 20 Number 1
  • ISSN : 1681-178X


Financial institutions, particularly banks, provide specialised services across various markets and perform a critical intermediary function in the economy. The more a bank grows, the more sophisticated it becomes in provision of services and, as a result, it becomes interconnected and entrenched in the country’s economy (sometimes even across multi-economies). This could happen through acquisitions, expansion and the scalability of its services in single or multi-jurisdictions. Naturally, the questions that often follow growth are: What would happen if the institution becomes insolvent and is ultimately forced to close shop? What is the impact on the economies in which it operates? What is the impact on consumers, creditors and taxpayers?

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