No.12
2015
officers of a banking institution from fumishing to the Registrar the
infonnation referred to in subsection (lf), and no banking institution
(or controlling company of such institution) shall dismiss or in any
other way penalise the chief financial officer or any principal officer
for furnishing such infmmation.
( lh) Subject to section 73, a banking institution or controlling
company that(a) contravenes subsection (la); or
(b) fails, through its chief financial officer, to comply with
subsection (lf); or
(c) dismisses or in any other way penalises the chief
financial officer or any principal officer for furnishing
the information required under subsection (lf); or
shall(d)
be liable for a civil penalty of fifty United States dollars
(or the maximum monetary figure specified from time to
time for level four, whichever is the lesser amount) for
each day the institution or company remains in default
(which default shall, in the case of a contravention refen·ed
to in paragraph (c), be calculated from the date of the
dismissal of or other penalty imposed upon the chief
financial officer or principal officer, and be deemed to
continue until such action is reversed), not exceeding a
period of one hundred and eighty-one days:
Provided that the Registrar shall have power to
waive the payment or refund the whole or part of any
penalty prescribed under this paragraph if he or she is
satisfied that the contravention was not wilful, or not due
to the want of reasonable care;
and
(e)
if the institution or company continues to be in default
after the petiod specified in paragraph (d), be guilty of
an offence and liable on conviction to(i) a fine not exceeding level ten; and
(ii)
(b)
a fine not exceeding level ten or to imptisonment for
a period not exceeding six months or to both such
fine and such imprisonment in the case of every
director or member of the board or goveming body
of the institution or company.";
by the repeal of subsections (2) and (3) and the substitution of the following
subsections"(2) Not fewer than two and not more than two-fifths of the
directors of a banking institution or controlling company shall be officers
or employees of the institution or company and, of the remainder, the
majority shall be non-executive and independent.
(3) The chairperson of the board of a banking institution or
controlling company shall be a non-executi \'e and independent director.
(3a) The chairperson of every committee of the board of a
banking institution or controlling company, other than a committee
with executive functions, shall be a non-executive and independent
director.".
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