No.l2
2015
within such reasonable period as may be specified in the
notice, for the order to be set aside.
(4) In an application referred to in subsection (3)(c), the High
Court may not, despite any other law, reverse or set aside the order of the
Reserve Bank to wind up a banking institution made in terms of subsection
(1) without the consent of the Reserve Bank, unless the court is satisfied
that the decision was made corruptly or in bad faith:
Provided that this subsection shall not prevent the High Court
or any other court from a\varding fair and adequate compensation to any
person who has suffered loss as a result of the decision.
(5) Where an appeal is noted against a decision of the High Court
in an application referred to in subsection (3), the Supreme Comt shall
ensure that, where possible, it delivers judgment in the aprJCal within
thirty days after the appeal was filed in accordance with rules of court.
(6) The Reserve Bank shall appoint the Deposit Protection
Corporation as the liquidator of the banking institution that is being
wound up, and the Corporation shall have the same powers and duties as
a liquidator of a company appointed in terms of Part V of the Companies
Act [Chapter 24:03], any reference in that Part to the comt being construed
as a reference to the Reserve Bank.
(7) During the voluntary winding up of a banking institution, the
Deposit Protection Corporation as liquidator shall furnish the Reserve
Bank with every return and statement which the institution would have
been obliged to furnish to the Reserve Bank in terms of this Act were the
institution not being wound up.
(8) The claims of(a)
depositors; and
(b)
the Reserve Bank and the Deposit Protection Corporation
in respect of any fees and expenses incurred in the exercise
of their functions under this Act or any other enactment;
against a banking institution that is being wound up shall enjoy such
priority as may be prescribed.".
34
New section inserted in Cap. 24:20
Part XI ("Additional Powers of Reserve Bank and Registrar") of the principal
Act is amended by the insertion after section 64 of the following section-
"65
Powers of Registrar when determining whether person is
fit and proper
(1) When determining for the purposes of this Act whether anyone
is a fit and proper person to hold any shares or to occupy any post or office,
the Registrar may request the person concemed to provide the Registrar
with inforn1ation, on oath or otherwise as the Registrar may specify,
relating to any matters which, in the Registrar's opinion, will enable the
Registrar to assess the person's fitness and probity.
(2) If a person to whom the Registrar has made a request in tenns
of subsection (1) fails or refuses to provide the requested information or
provides the Registrar with information which is materially inaccurate,
misleading or incomplete, the Registrar may determine that he or she is
248
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