Government Gazette
Vol. 412, No. 20583, 27 October 1999
GENERAL NOTICE
Notice 2413 of 1999
NOTICE IN TERMS OF SECTION 69(7) OF THE BANKS
ACT, 1990 (ACT NO. 94 OF 1990)
It is hereby notified that the Minister of Finance has in terms of the
provisions of sections 69(1) and 69(2) of the Banks Act, 1990 (Act No. 94 of 1990 -
"the Banks Act"), with effect from 25 October 1999, appointed Mr R K Store, a
chartered accountant attached to the firm Deloitte & Touche, of Private Bag X6, Gallo
Manor, 2025, as curator ("the curator") to FBC Fidelity Bank Limited.
Powers of the curator:
In terms of the provisions of section 69(3) of the Banks Act, the
curator has been empowered by the Minister of Finance, in the curators discretion, to -
- suspend or reduce, as from the date of his appointment as curator or any
subsequent date, the fight of creditors of FBC Fidelity Bank Limited to claim or receive
interest on any money owing to them by that bank;
- make payments, whether in respect of capital or interest, to any creditor
or creditors of FBC Fidelity Bank Limited at such time, in such order and in such manner
as he may deem fit;
- cancel any agreement between FBC Fidelity Bank Limited and any other
party to advance moneys due after the date of his appointment as curator, or to cancel any
agreement to extend any existing facility, if in the opinion of the curator, such advance
or any loan under such facility would not be adequately secured or would not be repayable
on terms satisfactory to the curator, or if FBC Fidelity Bank Limited lacks the necessary
funds to meet as obligations under any such agreement or if It would not otherwise be in
the interest of FBC Fidelity Bank Limited;
- convene from time to time, in such manner as he may deem fit, a meeting
of creditors of FBC Fidelity Bank Limited for the purpose of establishing the nature and
extent of the bank's indebtedness to such creditors and for consultation with such
creditors in so far as their interests may be affected by decisions taken by the curator
in the course of the management of the affairs of FBC Fidelity Bank Limited;
- negotiate with any individual creditor of FBC Fidelity Limited with a
view to the final settlement of the affairs of such creditor with the bank;
- make and carry out, in the course of his management of FBC Fidelity Bank
Limited, any decision that, in terms of the provisions of the Companies Act, 1973 (Act No.
61 of 1973 - "the Companies Act"), would have been required to be made by way of
a special resolution contemplated in section 199 of the said Act;
- cancel any lease of movable or immovable property entered into by FBC
Fidelity Bank Limited prior to its being placed under curatorship: Provided that,
notwithstanding the provisions of section 69(6) of the Banks Act, a claim for damages in
respect of such cancellation may be instituted against the bank after the expiration of a
period of one year as from the date of such cancellation;
- dispose, by public auction, tender or individual negotiation, of any
assets of FBC Fidelity Bank Limited, including -
- any advance or any loan under a facility contemplated in paragraph (c);
and
- any asset for the disposal of which an approval contemplated in section
228 of the Companies Act would have been a prerequisite; or
- cancellation of any guarantee issued by FBC Fidelity Bank Limited prior
to its being placed under curatorship, excluding such guarantee that the bank is required
to make good within a period of 30 days as from the date of the appointment of the
curator: Provided that, notwithstanding the provisions of section 69(6) of the Banks Act,
a claim for damages in respect of any loss sustained by or damage caused to any person as
a result of the cancellation of a guarantee in terms of this paragraph may be instituted
against FBC Fidelity Bank Limited after the expiration of a period of one year as from the
date of such cancellation.
C F Wiese
Registrar of Banks