Financial Institutions Amendment Act 106 of 1985

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106 of 1985

The Financial Institutions Amendment Act 106 of 1985 intends:

  • to amend the Insurance Act, 1943 [repealed in January 1999], so as
    • to further define "life policy";
    • to further regulate the appointment and functions of auditors, local auditors and valuators of registered insurers and the appointment of advisory committees;
    • to increase the amount to be deposited by underwriters at Lloyds in a certain trust account;
    • to make other provision regarding the payment of dividends by insurers to their shareholders; and 
    • to extend the power of the Minister of Finance to make regulations; 
  • to amend the Banks Act, 1965 [repealed in February 1991], so as
    • to define or further define certain expressions and to delete certain definitions; 
    • to alter the classification of banking institutions for the purposes of registration;
    • to provide further for the obtaining of control over banking institutions, and for the returns which a banking institution has to render to the Registrar of Banks; 
    • to further regulate the requirements in respect of the share capital and reserves, the reserve balance ·with the South African Reserve Bank and the minimum liquid assets which a banking institution shall maintain;
    • to confer certain powers on the Minister of Finance as to liquid assets that banks carrying on business outside the Republic shall maintain;
    • to empower the said Registrar to issue certain directives in relation to business carried on by banks outside the Republic; 
    • to delete the requirement that a banking institution shall maintain prescribed investments;
    • to provide therefor that a banking institution shall obtain the approval of the said Registrar to open a branch office outside the Republic;
    • to prohibit bank controlling companies from carrying on the business of a banking institution outside the Republic;
    • to further regulate the voting power of a shareholder nomine officii to make new provision for the limitation of certain activities of banks; and
    • to curtail the right to inspect certain returns of banking institutions;
  • to amend the Building Societies Act, 1965 [repealed in January 1994], so as
    • to further define certain expressions and to delete a certain definition;
    • to extend the forms of security in which building societies may invest;
    • to further regulate the minimum liquid assets which a building society shall maintain;
    • to delete the requirement that a building society shall maintain certain prescribed investments; and
    • to further regulate the period of repayment of loans against reducible mortgage; and
  • to provide for matters connected therewith.

Commencement

  • Section 8 shall be deemed to have come into operation on 18 July 1984
  • Section 39 (a) shall be deemed to have come into operation on 1 March 1984
  • Sections 18 (c), 19 and 35

Amendments

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