No.l2
BANKING AMG'IDMENT
(b)
(c)
repaying to the banking institution concerned the credit
that was extended in contravention of subsection (2), (3)
or (4), together with interest at the banking institution's
prevailing lending rate; and
any amount remaining after application of the amounts
referred to in paragraphs (a) and (b) shall form part of
the Recovered Assets Fund established by section 96
of the Money Laundering and Proceeds of Crime Act
[Chapter 9:24] (No. 4 of 2013).
( 10) Until the maximum amount of creditthatmay be extended
to insiders is prescribed for the purposes of this section, no banking
institution shall extend credit to any insider, and any extension of
such credit shall be deemed to be an extension of credit to insiders in
contravention of subsection (2), (3) or (4).".
24
Repeal of section 39 of Cap. 24:20
Section 39 of the principal Act is repealed.
25
Amendment of section 40 of Cap. 24:20
Section 40 ("Audit committees") of the principal Act is amended(a) by the repeal of subsection (2) and the substitution of-
(b)
26
"(2) No executive director, officer or employee of the banking
institution concemed shall be appointed to the audit committee of a
banking institution.";
in subsection (3) by the insertion after paragraph (c) of the following
paragraph"and
(f) toappointthe banking institution's intemal auditor and to oversee
the discharge of the internal audit function.".
Amendment of section 45 of Cap. 24:20
Section 45 ("Responsibilities of Reserve Bank") of the principal Act is
amended(a) in subsection (1)-
(b)
(c)
(i) in paragraph (a) by the deletion of "and associates of banking
institutions" and the substitution of", controlling companies and
associates of banking institutions and controlling companies,";
(ii) in paragraph (b) by the deletion of ''or class of such institutions"
and the substitution of "or controlling company or class of such
institutions or companies";
in subsection (2) by the insertion in paragraph (b) by the insertion after
"institutions" of "or companies";
by the insertion after subsection (2) of the following subsection"(3) Section 4B shall apply, with any necessary changes, to the
Reserve Bank in the exercise of its fm1ctions under tlus Act.".
27
Amendment of section 47 of Cap. 24:20
Section 47 ("Powers of supervisors") of the principal Act is amended by the
repeal of subsection (4) and the substitution of240
2015
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