No. 12 BANKING AMENDMENT (h) does not receive and has not received any remuneration from the institution or company apa1t from a director's fee; and (i) does not represent (whether as a nominee or in a professional or other capacity) a shareholder of the institution or company; and (j) is not a member of a pension scheme run by the institution or company; and is not a close relative of any director, officer or adviser of the institution or company; and (k) (l) does not represent a shareholder of the institution or company; and (m) generally, has no relationship with the institution or company or with its directors, staff, business associates or customers, which might reasonably be regarded as compromising his or her independence. (5) Whenever in this Act any notice or other thing is required to be "w1itten" or to be done "in writing", or the word "publish" or any of its derivatives is used in connection with a requirement or power of publication, such requirement shall be fulfilled by the sending of an electronic communication in accordance with conditions (including adequate conditions as to the recording, despatch and authentication of documents that are likely to be acceptable to a comt as proof of the service thereof) agreed beforehand by the sender and the recipient of the communication.". 3 Amendment of section 4 of Cap. 24:20 Section 4 ("Registrar of Banking Institutions and other officers") of the p1incipal Act is amended by the repeal of subsections (2) and (3). 4 New sections inserted in Cap. 24:20 Part II ("Administration") of the principal Act is amended by the insertion after section 4 of the following sections- "4A Functions of Registrar and other officers (1) The Registrar shall be responsible for- (a) registering banking institutions and cancelling their registration in terms of this Act; and (b) performing any other functions that are conferred or imposed upon him or her by or in terms of this Act or any other enactment. (2) The officers, other than the Registrar, referred to in section 4 shall perform such of the Registrar's functions as the Registrar may assign to them, and in the perfonnance of those functions they shall be subject to the Registrar's direction and control. 4B Exercise of functions by Registrar ( 1) The Registrar shall exercise his or her functions under this Act in an impartial, clear and, subject to section 76, open manner. (2) Before reaching a decision that affects or is likely to affect the rights or interests of any person, the Registrar shall, to the fullest extent prdcticable208 2015

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