Microfinance Bill, 2012
H.B. 2, 2012
(4) No person shall transfer, or cause to be transferred, more than ten per centum of the
shares of a registered microfinance institution without the prior approval of the Registrar.
(5) A transfer of shares in contravention of subsection (4) shall be void to the extent of
the contravention.
(6) Any person who contravenes subsection (1) or (4) shall be guilty of an offence and
liable to a fine not exceeding level ten or to imprisonment for a period not exceeding six
months or to both such a fine and such imprisonment.
35 Curatorship and winding up of microfinance institutions
Every deposit-taking microfinance institution shall be required to be a contributor for the
purpose of the Deposit Protection Act [Chapter 24:29](Act No. 7 of 2011) and accordingly
the provisions for curatorship, insolvency and winding up of curator 6 shall apply.
PART VII
SUPERVISION OF MICROFINANCIERS
36 Responsibilities of Reserve Bank
(1) Subject to this Act, the Reserve Bank shall be responsible for⎯
(a) continuously monitoring and supervising microfinanciers to ensure that they comply
this Act; and
(b) conducting investigations into any particular microfinancier or class of such
microfinanciers where the Reserve Bank considers such an investigation necessary
for the purpose of preventing, investigating or detecting a contravention of this Act
or any other law.
(2) The Reserve Bank’s function of monitoring and supervising microfinanciers may be
exercised through all or any of the following methods⎯
(a) the analysis of documents and information supplied to it in terms of section 42;
(b) the inspection of documents and obtaining of information at the premises of
microfinanciers concerned, and the analysis of such documents and information;
(c) any other lawful means the Reserve Bank thinks appropriate.
(3) For the purposes of monitoring and supervising any microfinancier, a supervisor may,
subject to subsection (4)⎯
(a) at any time during normal working hours, without previous notice, enter any
premises of the microfinanciers or any premises in which it is believed on
reasonable grounds that records, accounts or documents pertaining to the
microfinancier’s business are kept;
(b) require any officer, employee or agent of the microfinancier to produce any of the
institution’s books, records, accounts or documents;
(c) search any premises referred to in paragraph (a) for any moneys, securities , books,
records, accounts or any documents pertaining to the banking business conducted by
the microfinancier;
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(sic) Note by Veritas. This will have to be tidied up.
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