Francien du Plessis

Francien du Plessis

Experience

DRAFTING AND AMENDING AGREEMENTS

  • Francien is an admitted Attorney (BCom, LLB, LLM in Insurance Law and Governance) with more than 10 years' experience in drafting, reviewing, negotiating, and amending over forty-five different types of commercial agreements.
  • Prior to founding FDP Legal, she held the following positions:
    • Associate Attorney – Oak Law (a niche corporate and commercial law firm)
    • Legal Advisor – Renewable By Nature Capital Ltd (Cat I FSP focused on RE investments)
    • Legal Advisor – Altitude Asset Management (Pty) Ltd (Cat I and II FSP)
    • Attorney – Velile Tinto & Associates Inc.
    • Attorney – Francien du Plessis Inc.
    • Legal Advisor – Gensec Bank Ltd (an investment bank and subsidiary of Sanlam Ltd)

RENEWABLE ENERGY EXPERIENCE

  • Francien served as Legal Advisor at Renewable By Nature Capital Ltd, where she drafted, reviewed and amended a range of RE and investment-related agreements, including the Investment Memo, Term Sheet, Power Purchase Agreement (PPA), Commission Agreement, NDA, and the Operation and Maintenance (O&M) Agreement.
  • She conducted legal research on the South African and international RE investment frameworks, including a comparative analysis of EPC contracting models and standard construction contracts (JBCC, FIDIC, GCC, and NEC3/NEC4 ECC) to assess suitability for RE projects.
  • At Altitude Asset Management (Pty) Ltd, she conducted legal research on private equity investment structures, focusing on en commandite partnerships and the application of Sections 12B, 12BA, 12J and 8F of the Income Tax Act.

INSURANCE KNOWLEDGE

  • Francien obtained an LLM in Insurance Law and Governance from the University of Pretoria in 2023.
  • Treating Customers Fairly (TCF) outcomes: Her dissertation examined the existing regulation of the TCF outcomes under the Financial Advisory and Intermediary Services Act (FAIS), the General Code of Conduct for Authorised Financial Services Providers and Representatives (GCC), the Policyholder Protection Rules (PPRs), and South African common law.
  • Ombud and Regulatory Determinations: The research involved an extensive analysis of the TCF-related market conduct decisions from the Ombudsman for Long-term Insurance (now the National Financial Ombud Scheme), the FAIS Ombud, the Financial Sector Conduct Authority, the Financial Services Tribunal, and South African courts.
  • Conduct of Financial Institutions (COFI) Bill: The dissertation further assessed the anticipated regulatory impact of the COFI Bill on the implementation and enforcement of TCF principles within the South African life insurance industry.
  • Dissertation available at: https://repository.up.ac.za/handle/2263/89458

Qualifications

  • LLM in Insurance Law and Governance (UP) (2023)
  • B.Com (Law) (with Accounting 3A and 3B) (UJ) (1994)
  • LLB (UJ) (1997)
  • Postgraduate Diploma in Drafting and Interpretation of Contracts (With Distinction) (UJ) (2010) (NQF 7)
  • Certificate in Law of Banking and Financial Markets (Wits) (2009) (NQF 8)
  • Postgraduate Certificate in Advanced Company Law I (2010) (Wits) (NQF 7)
  • Diploma in Financial Markets and Instruments (Academy of Financial Markets) (1999)
  • FSCA Regulatory Examinations: RE1; RE5; and RE3 (Nov 2022 and Dec 2024)
  • Project Management Foundations Short Course (UCT) (2018)
  • Short-term Insurance Personal Lines (STIPL1-OS) (Milpark Education)
  • Completed the 3-year academic syllabus for a BA Psychology (Pastoral) (2016) (NQF 7) (excluding the full 200-hours practicum)

Professional Associations

  • Admitted as an attorney of the High Court of South Africa (18 June 1998) (Case no: 101/98)
  • Accredited as a South African Association of Mediators divorce mediator (Sep 2017)

References

  • Renewable By Nature Capital: Pieter Botes (CIO) and Philip Kotzé (CEO) — Contact details available on request.

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