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Deposit-taking Institutions Amendment Act (No. 9 of 1993)


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To amend the Deposit-taking Institutions Act, 1990, so as to substitute for the expression deposit-taking institution or any derivative thereof, wherever that expression or derivative appears in the said Act, the word bank or the appropriate derivative thereof; to further define the expression the business of a bank; to create criteria according to which it can be established whether or not a particular person is a fit and proper person to hold the office of a director or an executive officer of a bank or a controlling company; to allow a right of appeal to the board of appeal against a decision of the Registrar of Banks in connection with an application for authorization to establish a bank; to compel the Registrar of Banks to give notice in the Gazette of every consent granted by him to the establishment in the Republic of a representative office of a foreign institution; to provide for the submission of a written report to the Registrar of Banks regarding the advisability of the continuation of the curatorship of a bank that is under curatorship; to further define the expressions primary share capital, primary unimpaired reserve funds, secondary share capital and secondary unimpaired reserve funds, respectively; to substitute the expression debt instruments for the word debentures in section 70; to make further provision in connection with the minimum share capital and unimpaired reserve funds to be maintained by a subsidiary by way of which a bank or controlling company conducts the business of a bank in a country other than the Republic; to repeal the provisions relating to the maintenance by banks of a minimum reserve balance with the South African Reserve Bank, in view of the insertion of corresponding provisions in the South African Reserve Bank Act, 1989; to render the acquisition by a bank or an associate thereof of more than 49 per cent of the issued shares of a registered insurer subject to approval by the Registrar of Banks; and to prescribe a penalty for a further offence; and to provide for matters connected therewith.



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