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Banks Amendment Act (No. 20 of 2007)


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To amend the Banks Act, 1990, so as to define or further define certain expressions; to extend certain provisions to controlling companies; to clarify certain provisions in line with their practical application; to update references to legislation and institutions; to delete outdated provisions; to provide for the roles and responsi┬Čbilities of a consolidating supervisor and a host supervisor; to provide for written arrangements relating to the respective roles and responsibilities of and co┬Čoperation between supervisors; to provide for the sharing of information; to provide for a supervisory review process; to provide for the mapping of external ratings; to provide for the issuance of circulars, directives and guidance notes; to provide for the publication of registrations and deregistrations of branches, controlling companies and representative offices; to provide clarity with regard to the registration of a controlling company; to provide for the calculation of the amount pertaining to the restriction of investments by controlling companies to be prescribed by regulation; to clarify provisions relating to the establishment of a subsidiary by a bank; to amend the provisions pertaining to the transfer of assets and liabilities by a bank; to make further provision regarding the minimum share capital and unimpaired reserve funds of a bank; to extend the provisions pertaining to the issue of certain financial instruments; to provide for the approval of eligible institutions; to provide for the verification of information; to increase the powers of the Registrar and duly appointed manager in respect of an inspection of the activities of unregistered persons; and to provide for penalties that may be imposed on banks by the Registrar; and to provide for matters connected therewith.



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