Financial Institutions Second Amendment Act 104 of 1993

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104 of 1993

The Financial Institutions Second Amendment Act 104 of 1993 intends:

  • to amend the Insurance Act, 1943 [repealed in 1999], so as
    • to amend or delete certain defmitions;
    • to further regulate the provisions relating to the statement of assets, and relating to assets to be held by insurers;
    • to regulate anew the duties of intermediaries in respect of the payment to insurers of moneys received in respect of premiums;
    • to prohibit certain inducement to take out policies;
    • to further regulate insurance by members of Lloyds;
    • to delete the requirements in respect of licences;
    • to amend the provisions in respect of penalties; and
    • to further regulate the listed securities which may be taken into account as insurance assets;
  • to amend the Pension Funds Act, 1956, so as
    • to amend a certain definition;
    • to further regulate the rules of pension funds;
    • to exclude arrear contributions from deductions which are prohibited; and
    • to further regulate certain death benefits;
  • to amend the Friendly Societies Act, 1956, so as to amend or delete certain definitions;
  • to amend the Unit Trusts Control Act, 1981 [repealed in 2003], so as
    • to amend certain definitions;
    • to provide that certain existing management companies may be exempted from compliance with increases in minimum capital requirements;
    • to provide for the inclusion of derivative instruments in a unit portfolio;
    • to further regulate the appointment of auditors of a management company; and
    • to regulate anew the listing of units by a stock exchange;
  • to amend the Participation Bonds Act, 1981 [repealed in 2003], so as to delete the requirement that the registrar approves the cession of rights in a participation mortgage bond where the purpose of such cession is to secure a debt;
  • to amend the Stock Exchanges Control Act, 1985 [repealed in 2005], so as
    • to delete certain definitions; and
    • to provide for the admission of members of a financial market referred to in the Financial Markets Control Act, 1989, to restricted membership of a stock exchange;
  • to amend the Financial Markets Control Act, 1989 [repealed in 2005], so as
    • to define a certain expression; and
    • to further regulate the matters included in the rules of a financial exchange;
  • to amend the Financial Services Board Act, 1990, so as
    • to amend a certain definition;
    • to make further provision in relation to the disqualification of persons as members of the board; and 
    • to further regulate the annual report of the board;
  • to amend the Safe Deposit of Securities Act, 1992, [repealed in 2005] so as
    • to amend a certain definition; and
    • to provide for the payment of certain fees;
    • to provide in certain of the above-mentioned Acts, for reporting to the Minister;
    • to provide in all of the above-mentioned Acts, for the rectification of outdated references; and
  • to provide for matters connected therewith.

Amends

Friendly Societies Amendment Act 44 of 1988

Commencement

  • 1 January 1997, Section 5 (Gazette 17657 of 13 December 1996)
  • 15 December 1993, Sections 14-18, 21-23, 25-28(b) and 29 (Gazette 15309 of 10 December 1993)
  • 1 July 1993, except Sections  5, 24 and 46 (Gazette 14930 of 1 July 1993)

Amendments

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