2015
B."-1-<I<JNG A!\lENDMENT
No.12
after reaching his or her decision, notify the applicant, in writing, of the
decision and of the reasons for it.
(5) As soon as possible after a banking institution or controlling
company becomes aware that a person holds its shares in contravention
of subsection (1), the institution or company shall notify the Registrar,
in writing, of that fact.
( 6) For the purposes of this section, shares in a banking institution
or controlling company which are held by(a) an individual shall be deemed to include any shares in the
same banking institution or controlling company which are
held by a close relative of the individual;
(b) a body corporate shall be deemed to include any shares in
the same banking institution or controlling company which
are held by an associate of the body corporate:
Provided that this subsection shall not apply to shares purchased
by the close relative or associate through a securities exchange registered
under the Securities and Exchange Act [Chapter 24:24] (No. 17 of2004).
(7) This section shall not apply in respect of shares that are held
temporarily (and in any event for not more than twelve months) by an
underwriter pending their acquisition by other persons.
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Acquisition of significant interest in banking institution or
controlling company
( 1) In this section-
"significant interest" means a percentage of(a) the share capital of a banking institution or controlling
company; or
(b) the voting rights of members of a banking institution
or controlling company;
which exceeds five per centum or more of the total share
capital or voting rights of members, as the case may be, of
the banking institution or controlling company.
(2) No-
(a)
(b)
person shall knowingly acquire a significant interest in a
banking institution or controlling company;
banking institution or controlling company shall permit any
one person to acquire a significant interest in it;
unless the Registrar, by written notice to the person and the banking
institution or controlling company concerned, has given permission for
the acquisition.
(3) As soon as possible after becoming aware that a person has
acquired or obtained a significant interest in a banking institution or
controlling company, the institution or company concemed shall notify
the Registrar, in writing, of that fact.
(4) In any proceedings in which it is alleged that a person has
contravened subsection (2), it shall be presumed, unless the contrary is
proved, that the person had the knowledge referred to in that subsection.
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