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LML4807 Assignment 2 (COMPLETE ANSWERS) Semester 1 2025 - DUE 5 May 2025

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LML4807 Assignment 2 (COMPLETE ANSWERS) Semester 1 2025 - DUE 5 May 2025; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.... Read the following statement and answer the question that follows. “Often an entity that is given the name of a bank and renders services that are associated with that of a bank does not always satisfy the legal requirements for conducting the business of a bank. Also, not every entity or person rendering similar services is required to comply with the registration requirements to render such services in terms of South African law. Under certain circumstances, a conduct that seems to satisfy the registration requirements may also be excluded from such requirements”. With reference to the requirements for conducting “the business of a bank” and the taking of “deposit” in terms of the Banks Act (94 of 1990), critically discuss the correctness of the above statement. Your discussion must be formulated under the following subheadings: (a) The legal issue that arises from the statement. (1) (b) The relevant legal principles. (5) (c) Critical analysis of the legal principles and how they apply to the statement. (3) (d) Your conclusion on the correctness of the statement. (1)

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LML4807
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations

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Due Date: 05 May 2025
3 ANSWERS PROVIDED

BANKS ACT 94 OF 1990: REGISTRATION REQUIREMENTS AND EXCLUSIONS



(a) The Legal Issue That Arises from the Statement

The key legal issue stemming from the statement is whether an entity or individual that
appears to perform ―banking services‖ must register under the Banks Act 94 of 1990 (―the
Act‖), or whether that entity’s activities and structure place it outside the scope of ―the
business of a bank.‖ The statement acknowledges that an organization labeled as a ―bank‖
and engaging in what looks like deposit-taking may not in fact meet the precise legal definition
of conducting banking business under the Act. Conversely, certain practices that superficially
align with the Act’s requirements may nevertheless be exempt due to specific exclusions or
thresholds.

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