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Banks Act, 1990 (Act No. 94 of 1990)

Chapter IV : Shareholding in, and Registration of Controlling Companies in respect of, Banks

41. Effects of registration of shares contrary to Act

 

(1) No person shall—
(a) either personally or by proxy granted to any other person, cast a vote attached to; or
(b) receive a dividend payable on,

any share in a bank or controlling company allotted or issued to such person or registered in the name of such person in contravention of a provision of this Act.

[Section 41(1) substituted by section 28 of Act No. 19 of 2003]

 

(2) The validity of any resolution adopted by a bank or controlling company shall not be affected by a vote being cast in contravention of subsection (1)(a), if that resolution was adopted by the requisite majority of votes which were validly cast.

 

(3) A dividend referred to in subsection (1)(b) shall accrue to the bank or controlling company concerned.