No.12
BANKll'<G AMENDMENT
"branch" means any premises, other than the head office of a
banking institution, where the banking institution conducts
banking business.
(2) No banking institution shall close a branch in Zimbabwe or
establish a new branch in Zimbabwe unless it has given the Registrar at
least fourteen business days' written notice of its intention to close the
branch or establish the new branch, as the case may be.
(3) If the Registrar has reasonable grounds for believing that the
establishment of a new branch by a banking institution is economically
unsound and may lead to non-compliance by the institution with any
requirement of this Act, in the light of(a)
the banking activities engaged in by the banking institution;
and
(b)
the financial condition of the banking institution; and
(c)
the volume of business expected to be generated by the
branch;
the Registrar may, within seven days after being notified of the banking
institution's intention to establish the branch, and after affording the
banking institution an opportunity to make representations on the matter,
direct the institution not to do so, or to do so subject to such tem1S and
conditions as the Registrar may specify, and the banking institution shall
comply with the direction.
(4) A direction in tem1s of subsection (3) shall be in writing and
shall state the grounds on which it is given.
(5) Subject to section 73, a banking institution that fails to comply
with a direction in terms of subsection (3) shall(a)
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 institution remains in default, not exceeding a period of
one hundred and eighty-one days; and
(b)
if the institution continues to be in default after the period
specified in paragraph (a), be guilty of an offence and liable
on conviction to(i) a fine not exceeding level fourteen; and
(ii)
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a fine not exceeding level fourteen or to imprisonment
for a period not exceeding six months or to both
such fine and such imprisomnent in the case of every
director or member of the board or goveming body of
the institution.".
New sections inserted in Cap. 24:20
Pa1t IV ("Conduct of Business by Banking Institutions") of the principal Act is
amended by the insertion after section 28 of the following sections-
"28A Corporate governance
(1) Every banking institution controlling company shall establish
and maintain adequate and effective procedures of corporate govemance
consistent with such prudential standards as may be prescribed and with
230
2015
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