(1) |
In addition to the powers in Part 2 of Chapter 7 to make standards,— |
(i) |
personal character qualities of honesty and integrity; |
(ii) |
competence, including experience, qualifications and knowledge; and |
(iii) |
financial standing; and |
(b) |
the financial sector regulators must make joint standards specifying what constitutes, "an increase or a decrease in the extent of the ability of the person, alone or together with a related or inter-related person, to control or influence materially the business or strategy of the financial institution", as referred to in section 157(1) and section 158(4). |
(2)
(a) |
A financial sector regulator may issue to a significant owner of a financial institution a written directive requiring the significant owner to take action specified in the directive if the institution has contravened or is likely to contravene a financial sector law for which the financial sector regulator is the responsible authority. |
(b) |
A directive in terms of paragraph (a) must be aimed at stopping the institution from contravening the financial sector law, or reducing the risk of such a contravention. |
(3) |
In addition to subsection (2), a financial sector regulator may issue a directive to a significant owner of a financial institution, and to the financial institution, requiring them— |
(a) |
to prepare and submit to the financial sector regulator a plan that is satisfactory to the financial sector regulator, under which the significant owner will, within a period that is acceptable to the financial sector regulator, cease to be a significant owner of the financial institution; and |
(b) |
on the financial sector regulator’s approval of the plan, to implement the plan. |
(4) |
A significant owner of a financial institution must comply with a directive issued in terms of subsection (2) or (3). |
[Section 159(4) inserted by section 62 of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]