20 (ii) the interests of the members participating at the meeting represent more than seventy-five percent in value of the shares or assets of the troubled financial institution. (3) Where the administrator rejects any recommendation that he or she is not bound by, either or both of the representatives may appeal in writing to the Reserve Bank against the administrator’s decision no later than seven days after being informed of it, and the Reserve Bank may on such appeal confirm, vary or set aside the administrator’s decision. PART IV SPECIFIED PERSONS IN RELATION TO TROUBLED FINANCIAL INSTITUTIONS 18 Identification of persons responsible for causing financial institution to be troubled (1) If in the course of compiling a statement under section 14, the administrator is of the opinion that any past or present director, officer or member of the troubled financial institution or other person who it appears to the administrator was knowingly a party to the carrying on of the business of the institution— (a) recklessly; or (b) with gross negligence; or (c) with intent to defraud any person or for any fraudulent purpose; or that a fraud has been committed by any person in the promotion or formation of the institution, the administrator may summon any person who is or has been a director, officer or member of the institution or has taken part in the promotion or formation of the institution to attend before him or her on a day and at a place he or she shall appoint for that purpose and be examined as to the promotion or formation or the conduct of the business of the institution or as to his or her conduct and dealings as director or officer thereof. (2) An administrator shall for the purposes of this section have the power of summoning and examining witnesses, administering oaths, requiring the production or delivery of documents, punishing defaulting or recalcitrant witnesses in terms of subsections (3) to (9), and allowing costs and expenses to witnesses. (3) If any person who has been summoned under subsection (1) fails to appear in answer to the summons or if that person fails to remain in attendance at the examination, the administrator at the examination may issue a warrant authorising any member of the police to apprehend that person and to bring him or her before the administrator. (4) Upon the apprehension and production before the administrator of any person in terms of subsection (3), the administrator may, unless satisfied that that person had a reasonable excuse for failing to appear at or to attend the examination or for absenting himself or herself from the examination, commit the person to prison to be detained there for a period not exceeding forty-eight hours. (5) The officer in charge of a prison to which a person has been committed in terms of subsection (4) shall detain the person and produce him or her at the time and place appointed by the administrator.

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