6 “public funds” means funds held by or on behalf of the State (whether or not appropriated by Act of Parliament) and includes any moneys advanced by the Troubled Bank Fund; “Reserve Bank” means the Reserve Bank of Zimbabwe referred to in section 4 of the Reserve Bank of Zimbabwe Act [Chapter 24:22]; “scheme of resolution” means a scheme referred to in section 26; “specified person” means any person specified in terms of section 14(8); “successor financial institution” means a successor to a troubled financial institution that is reconstructed, amalgamated or transferred in terms of section 10(a), (b) or (c); “troubled financial institution” means a financial institution in respect of which a declaration has been made; “Troubled Bank Fund” means the Troubled Bank Fund established by the Reserve Bank for the purpose of providing financial assistance to financial institutions. PART II DECLARATION OF TROUBLED FINANCIAL INSTITUTIONS 4 Investigation of certain financial institutions (1) If the Reserve Bank has reasonable grounds for believing that a financial institution— (a) which is indebted to the Reserve Bank (whether by virtue of having received assistance from the Troubled Bank Fund or otherwise) is unable to repay its indebtedness to the Reserve Bank; or (b) will need to receive public funds in order to prevent systemic risk, that is to say, a risk that a failure on the part of such financial institution to meet its obligations may result in other such financial institutions being unable to meet their respective obligations; or (c) has failed to comply or is unlikely to be able to comply with any requirement relating to capital, reserves, assets, liabilities, credits, deposits or other requirement prescribed for the purposes of section 29, 30 or 31 of the Banking Act; or (d) is not conducting its business in accordance with sound administrative, accounting, corporate governance or risk management practices and procedures; the Reserve Bank may direct an inspector to conduct an investigation into the financial institution concerned or any aspect of its management or activities. (2) Sections 49 to 52 of the Banking Act shall apply in relation to an investigation of a financial institution in terms of subsection (1): Provided that the Reserve Bank may require the financial institution to submit representations in terms of section 50(3) of the Banking Act within one week after receiving a summary of the inspector’s conclusions and recommendations, if the Reserve Bank considers that urgent action on the inspector’s report may be necessary to prevent irreparable harm to the financial institution or its depositors, creditors or members.

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