| (b) |
contravenes or fails to comply with a provision of section 20(7), 31, 40(2), 44(8), 48(2), 50(1) or (3), 51, 53, 54(2), 55(1), 56(1), 58(1), 59(1) or (3) or 60; or |
| (c) |
in any return, statement, questionnaire or other document (other than a document in or in connection with an application referred to in section 18) under this Act furnishes information or makes a statement that to the knowledge of such person is untrue or misleading in any material respect, shall be guilty of an offence. |
| (2) |
A director or employee of a mutual bank, or any juristic person in which such director or employee has a direct interest, that— |
| (a) |
accepts from any person any benefit for or in connection with any advance granted by that mutual bank; or |
| (b) |
otherwise than with the written consent of the Registrar or at a duly advertised public auction purchases any immovable property owned by or mortgaged to that mutual bank and which is sold by or at the instance of the mutual bank concerned or is sold at a judicial sale at the instance of any other person, shall be guilty of an offence. |
| (3) |
A mutual bank that, while a shortfall referred to in section 52(3) exists in respect of its business, pays any dividends, shall be guilty of an offence. |
| (4) |
Any person convicted of an offence in terms of— |
| (a) |
section 9(2) or 20(4), shall be liable to a fine, or to imprisonment for a period not exceeding five years; or |
| (b) |
section 4(8), 14(6), 18, 20(3) or (6), 29(4)(a), 45(22), 59(2) or 84(2) or subsection (1), (2) or (3) of this section, shall be liable to a fine, or to imprisonment for a period not exceeding six months. |
[Section 92(4)(b) substituted by section 17 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]
| (5) |
Any person who accepts any benefit in contravention of the provisions of subsection (2)(a), shall pay to the mutual bank concerned the amount or value of such benefit. |
| (6) |
[Section 92(6) deleted by section 290, item 8 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)] |
| (7) |
[Section 92(7) deleted by section 290, item 8 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)] |
Older Persons Act, 2006
