| (8) |
In addition to the form BA 600, a bank or controlling company— |
| (a) |
shall furnish the Registrar with— |
| (i) |
copies of all correspondence between such a bank or controlling company and a foreign supervisory authority that relates to matters that may or are likely to have a material impact on the supervisory duties of the Registrar in terms of the provisions of the Act or these Regulations; |
| (ii) |
copies of all correspondence between a subsidiary of such a bank or controlling company or between the representative office of such a bank and a foreign supervisory authority that relates to matters that may or are likely to have a material impact on the supervisory duties of the Registrar in terms of the provisions of the Act or these Regulations; |
| (iii) |
any material information which may or is likely to negatively affect the suitability of a major shareholder; or |
| (iv) |
copies of any other information or documentation at the disposal of such a bank, controlling company or subsidiary that relates to matters that may or are likely to have a material impact on the supervisory duties of the Registrar in terms of the provisions of the Act or these Regulations; |
| (b) |
shall submit in writing to the Registrar qualitative information relating to— |
| (i) |
major shareholders of the relevant bank or controlling company; |
| (ii) |
the group structure based on— |
| (A) |
the business line structure; and |
| (iii) |
the respective main business activities conducted by the entities included in the consolidated return, including relevant matters relating to— |
| (A) |
services and products; |
| (C) |
geographical regions; |
| (iv) |
the composition of the respective boards of directors of the respective significant entities included in the consolidated return and the respective roles and responsibilities of the respective boards of directors, including information relating to committees appointed by the board; |
| (v) |
the respective management structures of the respective significant entities included in the consolidated return, and the respective main responsibilities of such senior management; |
| (vi) |
the business model or strategy adopted by the relevant bank or controlling company and whether or not the financial activities conducted within the banking group— |
| (A) |
cut across legal entities; or |
| (B) |
are conducted autonomously within individual financial entities; |
| (vii) |
the control structure adopted by the relevant bank or controlling company, including matters relating to— |
| (C) |
the compliance function; |
| (E) |
external audit and the interaction between internal and external audit, |
and whether or not the respective adopted control functions are globally controlled or locally controlled within individual financial entities;
| (viii) |
the strategy adopted by the relevant bank or controlling company in respect of risk, including— |
| (A) |
the group's appetite for risk; |
| (B) |
the principal risks the group is willing to incur; |
| (C) |
any specified or board approved limits relating to risk positions; |
| (D) |
the manner in which risks are monitored and controlled, that is, whether or not risk are monitored and controlled on— |
| (ii) |
a business line basis; |
| (E) |
the frequency with which risk information has to be reported to the respective boards of directors and senior management of— |
| (i) |
the controlling company; |
| (ii) |
the relevant entities included in the reporting group of entities; |
| (ix) |
the strategy adopted by the relevant bank or controlling company in respect of— |
| (A) |
the entity or entities within the banking group primarily responsible to manage or hold any excess capital and reserve funds in the group; |
| (B) |
the monitoring of capital in relation to the risks incurred by the various entities included in the reporting group; |
| (C) |
the allocation of capital amongst the various entities included within the reporting group, |
| (x) |
the strategy adopted by the relevant bank or controlling company in respect of funding and liquidity management, including the extent to which liquidity management is centralised or managed on a business or legal entity basis; |
| (xi) |
the strategy adopted by the relevant bank or controlling company in respect of contingency planning, including the extent to which contingency planning is centralised or managed on a business or legal entity basis; |
| (xii) |
the strategy adopted by the relevant bank or controlling company in respect of intragroup transactions and transactions with related persons or entities, including whether or not— |
| (A) |
limits are imposed in respect of intragroup transactions and transactions with related persons or entities; |
| (B) |
intragroup transactions and transactions with related persons or entities are conducted on an arm's-length basis; |
| (xiii) |
the strategy adopted by the relevant bank or controlling company in respect of concentration risk, including whether or not limits are imposed in respect of concentration risk, |
which qualitative information shall be submitted in writing to the Registrar within 120 days of the financial year-end of the relevant bank or controlling company or whenever requested in writing by the Registrar.
| (c) |
shall at the request of the Registrar submit in writing a detailed list or supporting return, which list or supporting return— |
| (i) |
shall provide additional information to the Registrar in respect of matters related to the consolidated return or consolidated supervision; |
| (ii) |
shall separately reflect all investments or interests held by the bank or controlling company in— |
| (A) |
regulated subsidiaries; |
| (B) |
unregulated subsidiaries; |
| (C) |
regulated joint ventures; |
| (D) |
unregulated joint ventures; |
| (E) |
regulated associates; |
| (F) |
unregulated associates; |
| (G) |
specified special-purpose institutions included in the consolidated financial statements or consolidated return of the relevant bank or controlling company; |
| (H) |
companies bought-in during the period specified by the Registrar; |
| (I) |
any other entity specified in writing by the Registrar. |
| (iii) |
shall in respect of each relevant investment or interest specified in subparagraph (ii) above clearly indicate— |
| (A) |
the nature of business conducted by the relevant entity, that is, the main activity of business such as banking, securities trading, insurance, portfolio management, property holding or development, or other; |
| (B) |
the country in which the entity is incorporated; |
| (C) |
whether the entity conducts business as principal or agent, or both as principal and agent; |
| (D) |
the relevant regulatory authority/supervisor the rules of which apply to the relevant entity, that is, the name of the authority or supervisor responsible for the supervision of the entity; |
| (E) |
the latest date in respect of which audited financial statements are available; |
| (F) |
in the case of a regulated entity— |
| (i) |
the minimum capital requirement/solvency amount determined in accordance with the rules or regulations of the relevant authority or supervisor responsible for the supervision of the relevant entity; |
| (ii) |
the amount of qualifying capital and reserve funds determined in accordance with the rules or regulations of the relevant authority or supervisor responsible for the supervision of the relevant entity; |
| (iii) |
any surplus or shortfall amount, that is, the difference between the entity's qualifying capital and reserve funds and the required amount of capital and reserve funds. |
| (G) |
the aggregate amount of— |
| (i) |
any direct or indirect exposures granted by other group entities to the relevant entity; |
| (ii) |
any direct or indirect exposures granted by the relevant entity to other group entities, |
| (iv) |
shall in respect of each relevant bank in the reporting group clearly indicate the relevant approaches or methods implemented by the said banks for the measurement of their exposures to credit risk, market risk and operational risk. |
Provided that when the bank or controlling company is unable to obtain the information required in terms of the provisions of this paragraph (b), the bank or controlling company shall in writing report to the Registrar the reasons for being unable to obtain the required information and by which date the bank or controlling company expects to obtain the required information.
Medicines and Related Substances Act, 1965
