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Co-operative Banks Act, 2007 (Act No. 40 of 2007)

Chapter I : Definitions, Purpose and Application of Act

1. Definitions

 

(1) In this Act, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Co-operatives Act has the meaning assigned to it in that Act, and-

 

"Agency"

means the Development Agency for Co-operative Banks established under section 54;

 

"appeal board"

[Definition deleted by section 290, item 1(a) of Schedule 4, Act No. 9 of 2017 - effective 28 September 2018 (paragraph (c)(vi) of Notice No. 1019, GG 41947, dated 28 September 2018)]

 

"Authority"

means the Prudential Authority established in terms of section 32 of the Financial Sector Regulation Act;

[Definition inserted by section 290, item 1(b) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"banking institution"

means a bank registered under the Banks Act, a mutual bank registered under the Mutual Banks Act, 1993 (Act No. 124 of 1993), a co-operative bank registered under this Act and any other similar institution registered under subsequent banking legislation;

 

"banking services"

means the services that may be provided by a co-operative bank in accordance with section 14;

 

"Banks Act"

means the Banks Act, 1990 (Act No. 94 of 1990);

 

"business plan"

means, in respect of a specified time period, a document of a co-operative bank that sets out-

(a) its common economic and social objectives and aspirations together with a description of the short and long term strategies for achieving those needs; and
(b) its market strategy, the scope and nature of the business (including the types of products offered), the expected volume of deposits and the details of lending and investment objectives;

 

"conduct standard"

has the same meaning ascribed to it in terms of section 1(1) of the Financial Sector Regulation Act;

[Definition inserted by section 290, item 1(c) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"co-operative"

means a co-operative as defined in the Co-operatives Act;

 

"co-operative bank"

means a co-operative or a co-operative financial institution registered as a co-operative bank in terms of this Act whose members—

(a) are employed by a common employer or who are employed within the same business district; or
(b) have common membership in an association or organisation, including a religious, social, co-operative, labour or educational group; or
(c) reside within the same defined community or geographical area;

[Definition substituted by section 290, item 1(d) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"co-operative financial institution"

means a co-operative that takes deposits and chooses to identify itself by use of the name Financial Co-operative, Financial Services Co-operative, Credit Union or Savings and Credit Co-operative;

[Definition substituted by section 290, item 1(e) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"Co-operatives Act"

means the Co-operatives Act, 2005 (Act No. 14 of 2005);

 

"deposit"

has the meaning assigned to it in section 1(1) of the Banks Act;

 

"executive officer"

means any employee of a co-operative bank that reports directly to the managing director;

 

"Financial Sector Regulation Act"

means the Financial Sector Regulation Act, 2017;

[Definition inserted by section 290, item 1(f) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"financial statements"

means the annual financial statements referred to in sections 47 and 48 of the Co-operatives Act;

 

"fit and proper person"

means a person contemplated in section 9;

 

"Fund"

means the Deposit Insurance Fund established in terms of section 166BD of the Financial Sector Regulation Act;

[Definition substituted by section 22 of the Financial Sector Laws Amendment Act, 2021 (Act No. 23 of 2021), Notice No. 789, GG45825, dated 28 January 2022- effective 1 June 2023 per (b)(i) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]

 

"joint standard"

has the same meaning ascribed to it in terms of section 1(1) of the Financial Sector Regulation Act.

[Definition inserted by section 290, item 1(g) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"managing director"

means a person under the direct authority of the board of directors of the co-operative bank responsible for the day-to-day operations of the co-operative bank;

 

"Minister"

means the Minister of Finance;

 

"National Treasury"

means the National Treasury established by section 5 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"person"

includes any partnership or group of natural persons;

 

"prescribe"

[Definition deleted by section 290, item 1(h) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"primary savings co-operative bank"

means a co-operative registered as a primary co-operative under the Co-operatives Act and as a primary savings co-operative bank under this Act that may provide the banking services and perform the functions referred to in sections 14 and 15;

 

"primary savings and loans co-operative bank"

means a co-operative registered as a primary co-operative under the Co-operatives Act and as a primary savings and loans co-operative bank under this Act that may provide the banking services and perform the functions referred to in sections 14 and 15 of this Act;

 

"proposed co-operative bank"

means a deposit-taking financial services co-operative that applies for registration as a co-operative bank under section 6;

 

"prudential standard"

has the same meaning ascribed to it in terms of section 1(1) of the Financial Sector Regulation Act.

[Definition inserted by section 290, item 1(i) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"Register"

means the Financial Sector Information Register referred to in section 256 of the Financial Sector Regulation Act.

[Definition inserted by section 290, item 1(j) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"registrar"

means the Registrar of Co-operatives defined in section 1 of the Co-operatives Act;

 

"regulatory authority"

means an entity established in terms of national legislation responsible for regulating activities or an industry, or sector of an industry;

 

"representative body"

means a secondary co-operative, irrespective of whether it is also a secondary co-operative bank, or other association of co-operative financial institutions and co-operative banks registered under section 33 that represents at least two co-operative financial institutions in interactions with organs of state, the private sector and stakeholders;

[Definition amended by section 240(c) of Act No. 45 of 2013]

 

"Reserve Bank"

means the South African Reserve Bank referred to in the South African Reserve Bank Act, 1989 (Act No. 90 of 1989);

 

"rule"

in relation to—

a) the Authority, means a rule prescribed by the Authority under section 46; and
b) the Agency, means a rule prescribed by the Agency under section 57;

[Paragraph (b) amended by section 240(d) of Act No. 45 of 2013]

 

"secondary co-operative bank"

means a co-operative registered as a secondary co-operative under the Co-operatives Act and as a secondary co-operative bank under this Act that may provide the banking services and perform the functions referred to in sections 14 and 15 of this Act;

 

"supervisor"

[Definition deleted by section 290, item 1(k) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

"support organisation"

means a support organisation accredited under section 38 that supports more than one co-operative financial institution or co-operative bank as contemplated in section 37;

[Definition amended by section 240(e) of Act No. 45 of 2013]

 

"tertiary co-operative bank"

means a co-operative registered as a secondary or tertiary co-operative under the Co-operatives Act and as a tertiary co-operative bank under this Act that may provide the banking services and perform the functions referred to in sections 14 and 15 of this Act;

 

"this Act"

includes any regulation or rule made under this Act;

 

"Tribunal"

means the Financial Sector Tribunal established in terms of section 219 of the Financial Sector Regulation Act.

[Definition inserted by section 290, item 1(l) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

(2) Unless the context otherwise indicates, words and expressions not defined in subsection (1) have the same meaning ascribed to them in terms of the Financial Sector Regulation Act.

[Section 1(2) inserted by section 290, item 1(m) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]