Amina Yuda

Senior Associate
Norton Rose Fulbright South Africa Inc

Johannesburg
South Africa
T:+27 11 685 8719
Johannesburg
South Africa
T:+27 11 685 8719
Amina Yuda

Amina Yuda

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Biography

Amina is a banking and financial services lawyer based in Johannesburg.

Amina primarily focuses on the regulatory framework within which the financial services providers operate. She advises both private and public sector clients on the various aspects and implications of the Financial Sector Regulation Act, the Financial Advisory Intermediary Services Act, the Medical Schemes Act and the Pension Funds Act, as well as other related legislation and regulations.

During her articles of clerkship with the firm, Amina has been involved in various complex commercial and insurance litigation, and dispute resolution matters. She has also been involved in defending and advising insurance companies, major domestic and international financial institutions, and mining houses on litigious matters and general affairs relating to their various industries.

Amina holds a Bachelor of Laws degree from the University of the Witwatersrand, Johannesburg as well as a certificate in Fintech: Disruption in Finance from the University of Cape Town.


Professional experience

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LLB, University of the Witwatersrand

UCT Fintech: Disruption in Finance, University of Cape Town

  • Attorney, qualified in South Africa

Advising and/or assisting pension funds and pension fund administrators

  • Reviewing and advising on a participation agreement on behalf of a large industrial and multinational conglomerate with regard to the company's participation in an umbrella fund
  • Establishing a pension preservation fund as well as a retirement annuity fund on behalf of a large insurance company
  • Advising a pension and provident fund on a Constitutional Court judgment affecting KZN members participating in it and the implications of such judgment
  • Acting for an administrator to a pension fund in litigation regarding a fraud perpetuated by an employee of the actuaries of the fund which resulted in the loss of money by the funds
  • Conducted due diligence reviews, with respect to retirement arrangements, medical schemes arrangements as well as equity-linked incentive share schemes compliance and obligations, for a transaction involving the acquisition of majority shares in a group of mining companies
  • Providing advice to a pension fund with an asset base of more than R1.8 trillion and a total membership of 1.2 million active members, to set up an internal ombud so as to provide access to justice for its members. This is the first project of its kind having regard to the membership of this fund
  • Advising an employer on the ability of the fund in which it participates to refund overpayments made by the employer
  • Assisting and advising pension funds on investment mandates
  • Reviewing governance policies of an asset management company

Advising local and international banks

  • Advising a large well-established international bank on setting up a representative office in South Africa and continuous advice on the operation of such office
  • Procuring Financial Advisory and Intermediary Services licences for various international banks who wish to provide intermediary services in South Africa
  • Conducting due diligence reviews, with respect to financial institutions including banks and authorised dealers with limited authority on AML compliance and licensing arrangements on various transactions including the acquisition of shares in mining companies

Advising various regulatory bodies

  • Advising the regulatory body of all medical schemes in the Republic of South Africa on the application of its governing legislation with respect to issuing directives and enforcing conditions on the regulated medical schemes
  • Assisting the regulator of financial institutions with investigations into the conduct of certain financial institutions and their non-compliance with directives and the law
  • Providing ongoing advice to a client in various ongoing inquiries by commissions within the Parliament of South Africa, relating to various investigations into the governance of state-owned companies and government departments
  • Providing advice to a newly established council on jurisdiction and its reach with respect to the Financial Sector Regulation Act

Advising on FinTech related issues

  • Providing advice and drafting contracts based on cryptocurrency
  • Assisting companies that wish to establish crypto exchanges in South Africa and providing advice on cryptocurrency

Advising companies and/or banks who wish to obtain ADLA licenses

  • Procuring Authorised Dealer licences for various clients who wish to provide foreign exchange services in South Africa
  • Assisting companies with becoming authorised dealers in foreign exchange
  • "Draft Conduct Standard for Banks" - Financial Institution Legal Snapshot (May 2019)
  • "FSCA moves to ensure pension fund board members are up to the task" - Moneyweb.co.za (May 2019)
  • "PAJA applies to s37c Pension Funds Act decisions" - BizCommunity.org (March 2020)
  • "Grade period for pension funds with  no remaining members to comply with the Pension Funds Act" - Financial Institution Legal Snapshot (March 2020)
  • "Equitable Jurisdiction: The Pension Funds Adjudicator cannot make orders disregarding statutory provisions" - Without Prejudice (May 2020)
  • "Progressive changes for the retirement fund industry in FSCA draft Conduct Standards" - Financial Institution Legal Snapshot (July 2020)
  • "FSCA publishes the conduct standard for banks" - B2BCentral.com (July 2020)
  • "'De bloedige hand' principle and its application in s37C pension fund distributions" - FA News (September 2020)
  • "Will Regulation 28 be amended to accommodate SARB's announcement on ETFs?" - Cover (November 2020)
  • COFI Bill : Proposed Amendment to the Pension Funds Act - 6 November 2020 - Pension Lawyers Association Webinar
  • "Failure to submit valuation reports will result in the imposition of administrative penalties" - Financial Institution Legal Snapshot (March 2021)
  • COFI Bill : Effect of changes on Pension Funds and what they should look out for - 14 May 2021 - Pension Lawyers Association Conference
  • "Misconduct is tantamount to dishonest conduct says the Financial Services Tribunal" - Financial Institutions Legal Snapshot (October 2021)
  • English