AREAS OF EXPERTISE
Banking and Financial Services Regulatory
Employment and Labour Law
Brett is a partner at APAA and holds a BCom, LLB and LLM in Tax Law. Brett is highly experienced in banking and financial services regulation, governance and operations and his varied career boasts extensive experience in both private legal practice and as in-house legal counsel, as well as in executive management positions (including board level, as executive officer and key individual) in the banking and financial services industries (for both listed and unlisted financial institutions, as well as large global organisations).
Brett previously held the position of Country Chief Operating Officer and Chief Risk Officer at Deutsche Bank in South Africa. Prior to that, he was Associate General Counsel for Deutsche Bank in South Africa and Director: Head of Legal & Compliance. In addition to his legal experience, Brett has significant hands-on compliance experience, having been the registered and approved compliance officer under the Banks Act, Financial Advisory and Intermediary Services Act (investment management and administration), Collective Investment Schemes Control Act and under and in terms of the JSE Equities Rules (for a JSE Equities member). He has also held, and been responsible for, the company secretarial role and function. In his aforesaid capacities,
Brett has been the primary liaison with various regulatory bodies, both with regards to day to day operations and also regulatory reviews, investigations and enforcement matters. Brett also represented the international banks in South Africa (through the International Banking Association) as council member on the Financial Sector Charter Council (now the Financial Sector Transformation Council). He was accordingly involved in the formulation and negotiation of recent significant amendments to the Financial Sector Code, and has an in-depth knowledge of the Broad-Based Black Empowerment Act and the Financial Sector Code applicable to financial institutions.
Accordingly, Brett has extensive, in-depth and intimate knowledge of the banking and financial services regulatory, governance and compliance arena and is practically minded given his exposure to executive management roles. Brett and his support team are able to assist clients in providing legal advice on all aspects of banking and financial services (local and foreign) and has significant experience and well-established relationships with regulators, which enables APAA to handle complex and time-critical matters effectively and efficiently.
Brett’s experience includes, inter alia:
• Anti-money laundering and payment services regulation
• Banking and financial services regulation
• Corporate activity, involving regulated entities
• Credit regulation and consumer protection
• Exchange control
• Insurance regulation
• Investment management and fund administration
• Listing requirements and ongoing obligations
• Financial markets regulation
• Formation and licensing of financial services businesses
• Regulatory compliance
• Regulator engagement
• Structuring of investment products