2015
BANhlNG AMENDMENT
No.12
not a fit and proper person to hold the shares or occupy the post or office
concerned.".
35
Amendment of section 73 of Cap. 24:20
Section 73 ("Appeals") of the principal Act is amended(a) in subsection (1)(i) in paragraph (a) by the deletion of "subsection (4) or (S) of section
eight" and the substitution of "section 8 or 1SG";
(ii) in paragraph (b) by the deletion of "an institution in tenns of
subsection (3) of section eight' and the substitution of "a banking
institution or controlling company in terms of section 8 or lSG";
(iii) by the repeal of paragraphs (c), (d) and (e) and the substitution of"(c) any amendment of the registration of a banking institution
or controlling company in terms of section 14 or lSI, or a
refusal by the Registrar to make such an amendment; or
(d) a proposal by the Registrar to cancel the registration of
a banking institution or controlling company in tem1s of
section 14 or 1S1; or
(e) a refusal by the Registrar to cancel the registration of a
banking institution or controlling company at the request
of the institution or company in terms of section 14 or 1S1;
or";
(iv) by the insertion after paragraph (e) of the following paragraphs"(e1) a refusal by the Registrar to give permission for a person(i)
to hold more shares in a banking institution or controlling
company than is specified in section lSA; or
(ii)
(e2)
(e3)
(e4)
(eS)
(e6)
(e7)
to acquire a significant interest in a banking institution
or controlling company in terms of section lSB; or
a requirement by the Registrar in teffi1S of section lSD or
lSE that a person should divest himself or herself or any
share in a banking institution or controlling company; or
a determination by the Registrar in terms of section lSF(S)
whether or not a person exercises control over a banking
institution; or
a refusal by the Registrar to approve the appointment or
re-appointment of a director of a banking institution or
controlling company in terms of section 18 or
a withdrawal by the Registrar of his or her approval of the
appointment or re-appointment of a director of a banking
institution or controlling company in terms of section 18; or
a decision of the Registrar not to register an applicant as a
controlling company in terms of section 1SG; or
anytennorconditionattachedtotheregistrationofacompany
as a controlling company in terms of section lSG; or
(e8) any amendment of a controlling company's registration in
tenns of section lSI or a refusal by the Registrar to amend a
controlling company's registration in tenns of that section; or
(e9) a proposal by theRe gistrar to cancel a controlling company's
registration in tem1s of section 1S1, or a refusal by the
Registrar to cancel its registration in terms of that section;
or";
(v)
by the insertion after paragmph (f) of the following paragraph249
Select target paragraph3
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