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(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
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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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