Kirsten Kern
Head of Financial Services Regulatory | Johannesburg

Contact
T: +27 11 669 9553
E: kirsten.kern@bowmanslaw.com
Overview
Kirsten Kern heads our Financial Services Regulation practice and is co-head of our Fintech sector.
She specialises in banking and financial services regulatory law and has practiced in this field for the firm’s account since 2006.
Kirsten has over 18 years of experience and expertise in all aspects of banking, financial services and investment management regulatory law, and regularly advises clients, both local and foreign, on the content and implications of the National Credit Act, 2005, the Financial Advisory and Intermediary Services Act, 2002, the Collective Investment Schemes Control Act, 2002, the Financial Intelligence Centre Act, 2001, the National Payment Systems Act, 1998, the Banks Act, 1990, the Financial Markets Act, 2012, the Insurance Act, 2017, the Electronic Communications and Transactions Act, 2002 and the Consumer Protection Act, 2008. Kirsten also advises clients on the Financial Sector Regulation Act, 2017 (South Africa’s primary “Twin Peaks” regulation), as well as on the Conduct of Financial Institutions Bill and its implications for the future of the South African financial services landscape under the ‘Twin Peaks’ model of regulation.
She has strong contacts with the various regulatory bodies and agencies operative under the Acts on which she advises, and she regularly engages on behalf of clients with the Financial Intelligence Centre, the Financial Sector Conduct Authority, the South African Reserve Bank, the Prudential Authority, the National Credit Regulator and the National Consumer Commission.
Experience
Recently Kirsten has advised:
- Stonehage Fleming Family & Partners Limited (SFFP) with a legal due diligence on Maitland International Holdings plc and its subsidiaries which hold FSP licences in South Africa, and also assisted with the review of the share purchase agreement and disclosure letter.
- Alexander Forbes in relation to various regulatory issues, legal due diligence and the listing of Alexander Forbes Group Holdings Limited, by way of a dual-track process.
- Sanlam Limited in relation to its proposed acquisition of up to 100 of the issued share capital in Assupol Holdings Limited through a scheme of arrangement.
- Midbrook Lane Pty Ltd, Riskowitz Value Fund, Protea Asset Management LLC and Khrom Investments Fund, LP regarding the acquisition of increased indirect shareholding in three registered insurers forming part of the Constantia Group.
- Southeastern Asset Management Incorporated, Nomura Asset Management, Nomura International PLC, PIMCO Europe Limited, Colchester Global Investors Limited and countless other clients in respect of their compliance with financial sector laws in South Africa.
- Various local and foreign private equity funds in relation to compliance with South African financial sector laws.
- Various entities, local and foreign, to obtain authorisation or exemptions (where relevant) from the Financial Sector Conduct Authority in accordance with the requirement to be licensed as a financial service provider in terms of the Financial Advisory and Intermediary Services Act, 2002.
- Foreign entities to establish a local presence in South Africa and to obtain the necessary authorisation / licensing from the National Credit Regulator in accordance with the National Credit Act, 2005.
- A leading South African bank on capital adequacy requirements and their application to its Pan-African subsidiaries.
- A South African bank in relation to its intention to acquire an African subsidiary in compliance with the Banks Act, 1990.
- Capitec Bank Limited in relation to its proposed acquisition of Mercantile Bank Limited.
- Credit Suisse AG (Switzerland), Morgan Stanley, J.P. Morgan, Bank of America, N.A., Bank of New York Mellon, Standard Chartered Bank, Nomura International PLC, Nomura Asset Management, Nomura International PLC, T. Rowe Price International Ltd, The Standard Bank of South Africa, Capitec Bank Limited and countless other clients regarding all aspects of South African banking and financial services regulation.
- Clearscore Pty Ltd in South Africa from scratch in 2017 and continues to regularly advise ClearScore and other entities regulated in terms of the
- National Credit Act, 2005, regarding ongoing compliance obligations and the making of submissions to the National Credit Regulator.
- WiGroup Proprietary Limited on the regulatory implications of a mobile application which facilitates peer-to-peer money transfers.
- AirBnB Payments UK Limited on its proposed offering of peer-to-peer payment capabilities in South Africa
- WhatsApp on proposed payments services in South Africa.
- Mastercard on a host of broad payments-related matters from a regulatory and legal perspective.
- Lendico S.A. from establishing the local entity to successfully obtaining the necessary authorisations from the National Credit Regulator in compliance with the National Credit Act, 2005. Kirsten also drafted a compliant suite of documents as prescribed and required by the National Credit Act.
- Alexander Forbes Group Holdings on its dual track M&A and ZAR 9.8 billion IPO process, which resulted in Alexander Forbes Group Holdings listing on the JSE. After announcing its intention to float, the company launched an offer for subscription and a concurrent offer for sale by existing shareholders.
Awards
- Chambers and Partners ranked Kirsten in Band 3 for FinTech Legal for five consecutive years (2020-2024).
- Who’s Who Legal: Banking- Regulatory named Kisten as a Global Elite Thought Leader- South Africa, 2024.
- Who’s Who Legal: Banking (Regulatory) named Kirsten as a Leading Lawyer – South Africa for 6 years (2017- 2018, 2020-2023).
- Who’s Who Legal: Fintech named Kirsten as a Leading Lawyer – South Africa for years 2018-2023.
‘Kirsten is always my go-to person for any legal query as she has great knowledge of the legal landscape mixed with great commercial acumen.’ – Chambers and Partners, 2024
‘I have been very impressed with her opinions and advice.’ – Chambers and Partners, 2023
‘Kirsten Kern has a well-developed practice as a banking and finance group partner advising companies on the regulatory aspects of emerging technologies in the financial sector. Her recent clients include Virgin Money, which she assisted in the establishment of its Spot application.’ – Chambers and Partners, 2021
AREA OF EXPERTISE
Qualifications
Education
- LLB (cum laude), Rand Afrikaans University (RAU) (now the University of Johannesburg).
- LLM (Banking Law) (cum laude), Rand Afrikaans University (RAU) (now the University of Johannesburg).
INSIGHTS
Overview
Kirsten Kern heads our Financial Services Regulation practice and is co-head of our Fintech sector.
She specialises in banking and financial services regulatory law and has practiced in this field for the firm’s account since 2006.
Kirsten has over 18 years of experience and expertise in all aspects of banking, financial services and investment management regulatory law, and regularly advises clients, both local and foreign, on the content and implications of the National Credit Act, 2005, the Financial Advisory and Intermediary Services Act, 2002, the Collective Investment Schemes Control Act, 2002, the Financial Intelligence Centre Act, 2001, the National Payment Systems Act, 1998, the Banks Act, 1990, the Financial Markets Act, 2012, the Insurance Act, 2017, the Electronic Communications and Transactions Act, 2002 and the Consumer Protection Act, 2008. Kirsten also advises clients on the Financial Sector Regulation Act, 2017 (South Africa’s primary “Twin Peaks” regulation), as well as on the Conduct of Financial Institutions Bill and its implications for the future of the South African financial services landscape under the ‘Twin Peaks’ model of regulation.
She has strong contacts with the various regulatory bodies and agencies operative under the Acts on which she advises, and she regularly engages on behalf of clients with the Financial Intelligence Centre, the Financial Sector Conduct Authority, the South African Reserve Bank, the Prudential Authority, the National Credit Regulator and the National Consumer Commission.
Experience
Recently Kirsten has advised:
- Stonehage Fleming Family & Partners Limited (SFFP) with a legal due diligence on Maitland International Holdings plc and its subsidiaries which hold FSP licences in South Africa, and also assisted with the review of the share purchase agreement and disclosure letter.
- Alexander Forbes in relation to various regulatory issues, legal due diligence and the listing of Alexander Forbes Group Holdings Limited, by way of a dual-track process.
- Sanlam Limited in relation to its proposed acquisition of up to 100 of the issued share capital in Assupol Holdings Limited through a scheme of arrangement.
- Midbrook Lane Pty Ltd, Riskowitz Value Fund, Protea Asset Management LLC and Khrom Investments Fund, LP regarding the acquisition of increased indirect shareholding in three registered insurers forming part of the Constantia Group.
- Southeastern Asset Management Incorporated, Nomura Asset Management, Nomura International PLC, PIMCO Europe Limited, Colchester Global Investors Limited and countless other clients in respect of their compliance with financial sector laws in South Africa.
- Various local and foreign private equity funds in relation to compliance with South African financial sector laws.
- Various entities, local and foreign, to obtain authorisation or exemptions (where relevant) from the Financial Sector Conduct Authority in accordance with the requirement to be licensed as a financial service provider in terms of the Financial Advisory and Intermediary Services Act, 2002.
- Foreign entities to establish a local presence in South Africa and to obtain the necessary authorisation / licensing from the National Credit Regulator in accordance with the National Credit Act, 2005.
- A leading South African bank on capital adequacy requirements and their application to its Pan-African subsidiaries.
- A South African bank in relation to its intention to acquire an African subsidiary in compliance with the Banks Act, 1990.
- Capitec Bank Limited in relation to its proposed acquisition of Mercantile Bank Limited.
- Credit Suisse AG (Switzerland), Morgan Stanley, J.P. Morgan, Bank of America, N.A., Bank of New York Mellon, Standard Chartered Bank, Nomura International PLC, Nomura Asset Management, Nomura International PLC, T. Rowe Price International Ltd, The Standard Bank of South Africa, Capitec Bank Limited and countless other clients regarding all aspects of South African banking and financial services regulation.
- Clearscore Pty Ltd in South Africa from scratch in 2017 and continues to regularly advise ClearScore and other entities regulated in terms of the
- National Credit Act, 2005, regarding ongoing compliance obligations and the making of submissions to the National Credit Regulator.
- WiGroup Proprietary Limited on the regulatory implications of a mobile application which facilitates peer-to-peer money transfers.
- AirBnB Payments UK Limited on its proposed offering of peer-to-peer payment capabilities in South Africa
- WhatsApp on proposed payments services in South Africa.
- Mastercard on a host of broad payments-related matters from a regulatory and legal perspective.
- Lendico S.A. from establishing the local entity to successfully obtaining the necessary authorisations from the National Credit Regulator in compliance with the National Credit Act, 2005. Kirsten also drafted a compliant suite of documents as prescribed and required by the National Credit Act.
- Alexander Forbes Group Holdings on its dual track M&A and ZAR 9.8 billion IPO process, which resulted in Alexander Forbes Group Holdings listing on the JSE. After announcing its intention to float, the company launched an offer for subscription and a concurrent offer for sale by existing shareholders.
Awards
- Chambers and Partners ranked Kirsten in Band 3 for FinTech Legal for five consecutive years (2020-2024).
- Who’s Who Legal: Banking- Regulatory named Kisten as a Global Elite Thought Leader- South Africa, 2024.
- Who’s Who Legal: Banking (Regulatory) named Kirsten as a Leading Lawyer – South Africa for 6 years (2017- 2018, 2020-2023).
- Who’s Who Legal: Fintech named Kirsten as a Leading Lawyer – South Africa for years 2018-2023.
‘Kirsten is always my go-to person for any legal query as she has great knowledge of the legal landscape mixed with great commercial acumen.’ – Chambers and Partners, 2024
‘I have been very impressed with her opinions and advice.’ – Chambers and Partners, 2023
‘Kirsten Kern has a well-developed practice as a banking and finance group partner advising companies on the regulatory aspects of emerging technologies in the financial sector. Her recent clients include Virgin Money, which she assisted in the establishment of its Spot application.’ – Chambers and Partners, 2021
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