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