2015
BANKING AMENTIMENT
(b)
No.l2
any vote cast by him or her, or by any of his or her associates or close
relatives, at a meeting of shareholders of the banking institution shall be
void;
any dividend payable on his or her shares in the banking institution shall
not be paid to him or her but shall accrue to the banking institution.
(14) Any person who, inm1ediately before the fixed date, was the director of
a banking institution and a director of between three and seven other companies may
continue in office as a director of the banking institution until the end of his or her
current tem1, notwithstanding that he or she holds those other directorships.
(15) Every banking institution which, immediately before the fixed date, did
not have a compliance function, a risk and capital management committee, a compliance
officer or an internal auditor shall, within three months after the fixed date(a) establish the committee or department referred to in section 28A of the
principal Act; and
(b) appoint a risk and capital management committee in terms of section 28B
of the principal Act; and
(c) appoint a compliance officer and an intemal auditor and notify the Registrar
of their names and prescribed patticulars in terms of section 20 of the
principal Act.
(c)
(16) Every person who, on the fixed date, is a director of a banking institution,
shall make the disclosure required by section 20B of the principal Act within three
months after the fixed date.
(17) Every person who, immediately before the fixed date, canied on business
as a credit reference bureau shall, within three months after the fixed date, apply in tenns
of section 31 C of the principal Act for a licence and, until the Registrar has determined
the application, may continue to carry on that business without a licence.
(18) A banking institution or controlling company which maintains a special
purpose vehicle formed before the fixed date shall, within two months after that date,
apply to the Reserve Bank for permission in terms of section 32A of the p1incipal Act
as atnended by this Act, and that section shall not apply to the special purpose vehicle
pending the grant or refusal of such pennission.
(19) Anything done or commenced under the Troubled Financial Institutions
(Resolution) Act [Chapter 24:28] before its repeal by this Act which, immediately before the fixed date, had or was capable of having effect, shall continue to have or to be
capable of having the same effect after that date as if it had been done or connnenced
under the appropriate provision of the principal Act.
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