No.12
BA!-<1(ING A~1ENTIMENT
(5) If the Registrar refuses to cancel a controlling company's
registration at the company's request, he or she shall, within ten days
after reaching his or her decision, notify the company, in writing, of the
decision and of the reasons for it.
(6) \Vhere the registration of a controlling company has been
cancelled in terms of this section, the company shall without delay
relinquish its control over any banking institution, and shall comply
with any directions the Registrar may give it for that purpose and, with
respect to any divestment of shares required by such relinquishment, the
provisions of section 15D(l) and (6) shall apply as if the Registrar had
given the company the requisite notices of divestment in terms of those
provisions on the day of the cancellation.
(7) Subject to section 73, a controlling company whose registration
is cancelled in terms of this section and which fails, within the first seven
days of the period of one hundred and eighty-one days referred to in
paragraph (c) below-
(a)
(b)
to divest himself or herself of any shares in terms of
subsection (6); or
without just cause, to comply with any direction of the
Registrar given in terms of subsection (6);
shall(c)
be liable for a civil penalty of fifty United States dollars (or
the maximum monetary figure specified from time to time
for level four, whichever is the lesser amount) for each day
the company remains in default, not exceeding a period of
one hundred and eighty-one days:
Provided that the Registrar shall have power to
waive the payment or refund the whole or part of any penalty
prescribed under this paragraph if he or she is satisfied that
the contravention was not wilful, or not due to the want of
reasonable care;
and
(d)
if the company continues to be in default after the period
specified in paragraph (c), be guilty of an offence and liable
on conviction to(i) a fine not exceeding level ten; and
(ii)
a fine not exceeding level ten or to imprisonment for
a period not exceeding six months or to both such fine
and such imprisonment in the case of every director
or member of the board or governing body of the
company.
15K Registration and cancellation of registration of controlling
company to be notified in Gazette and in newspaper
Whenever the Registrar registers a controlling company or cancels
its registration in terms of this Part, he shall cause notice thereof to
be published in the Gazette and in one or more issues of a newspaper
circulating in the area in which the company's head office is situated.".
222
2015
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