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Financial Markets Act, 2012 (Act No. 19 of 2012)

Chapter XII : General provisions

Powers of Authority and court

96. Powers of Authority after supervisory on-site inspection or investigation

[Section 96 substituted by section 290, item 69(a) of Schedule 4, of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), Notice No. 853, GG 41060, dated 22 August 2017 - effective 9 February 2018 (Notice R. 99, GG 41433, dated 9 February 2018)]

 

After a supervisory on-site inspection or an investigation as been conducted, the Authority may, in order to achieve the objects of this Act referred to in section 2—

[Words preceding section 96(a) substituted by section 290, item 69(b) of Schedule 4, of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), Notice No. 853, GG 41060, dated 22 August 2017 - effective 9 February 2018 (Notice R. 99, GG 41433, dated 9 February 2018)]

(a) if the respondent is a company—
(i) apply to the court under section 81 of the Companies Act for the winding-up of the respondent as if the Authority were a creditor of the respondent;
(ii) apply to the court under section 131 of the Companies Act to begin business rescue proceedings in respect of the respondent as if the Authority were a creditor of the respondent;
(b) subject to section 5 of the Financial Institutions (Protection of Funds) Act, apply to the court for the appointment of a curator for the business of the respondent;
(c) direct the respondent to take any steps, or to refrain from performing or continuing to perform any act, in order to terminate or remedy any irregularity or state of affairs disclosed by the supervisory on-site inspection or investigation;

[Section 96(c) substituted by section 290, item 69(c) of Schedule 4, of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), Notice No. 853, GG 41060, dated 22 August 2017 - effective 9 February 2018 (Notice R. 99, GG 41433, dated 9 February 2018)]

(d) direct the respondent to prohibit or restrict specified activities, performed in terms of this Act, of a director, managing executive, officer or employee of the respondent, if the Authority believes that the director, managing executive, officer or employee is not fit and proper to perform such activities; or
(e) hand the matter over to the National Director of Public Prosecutions, provided that the contravention or failure constitutes an offence in terms of this Act.
(f) [Section 96(f) deleted by section 260(c) of Act No. 45 of 2013].