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Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 8 : Licensing

Part 2 : Licences required in terms of section 111(1)(b) or (2) or section 162

120. Suspension of licences

 

(1) The responsible authority that issued a licence may, by notice to the licensee, suspend the licence, for the period specified in the notice, if—
(a) the licensee applies for suspension of the licence;
(b) a condition of the licence has been contravened or not been complied with in a material way;
(c) the licensee has contravened in a material way—
(iii) a regulator’s directive or a directive in terms of section 202;
(v) an order of a court made in terms of a financial sector law; or
(vi) a decision of the Tribunal;
(d) the licensee has in a foreign country contravened in a material way a law of that country that corresponds to a financial sector law;
(e) information provided in or in relation to an application in relation to the licence was false or misleading (including by omission) in a material way;
(f) the suspension is necessary to prevent—
(i) a serious contravention of a financial sector law; or
(ii) financial customers of the licensee suffering material prejudice; or
(g) fees in respect of the licence, a levy or an administrative penalty payable by the licensee, including any interest, are unpaid and have been unpaid for at least 30 days.

 

(2) The responsible authority may refuse to suspend a licence in terms of subsection (1)(a) if the suspension—
(a) would not be in the best interests of financial customers; or
(b) would frustrate the objects of a financial sector law applicable to the licence.

 

(3) The responsible authority that suspended a licence may at any time revoke the suspension.

 

(4) The suspension of a licence takes effect on the date of the notice in terms of subsection (1) or, if a later date is specified in the notice, the later date.

 

(5) The suspension of a licence does not affect an obligation of the licensee that it has in terms of a financial sector law.