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Banks Act, 1990 (Act No. 94 of 1990)

Regulations

Regulations relating to Banks

Chapter III : Corporate Governance

41. Composition of the board of directors of a bank or controlling company

 

(1) The chairperson of the board of directors of a bank shall not be an employee of—
(a) the bank;
(b) any of the subsidiaries of the bank;
(c) the controlling company of the bank; or
(d) any subsidiary of the controlling company.

 

(2) The chairperson of the board of directors of a bank shall not be a member of the audit committee of—
(a) the bank; or
(b) the controlling company of the bank.

 

(3) The chairperson of the board of directors of a controlling company shall not be an employee of—
(a) the controlling company; or
(b) any bank in respect of which that company is registered as a controlling company.

 

(4) The chairperson of the board of directors of a controlling company shall not be a member of the audit committee of
(a) the controlling company; or
(b) any bank in respect of which that company is registered as a controlling company.

 

(5) Except when the Registrar, in view of special circumstances pertaining to a particular bank, grants consent to a deviation from the provisions of this regulation in respect of that particular bank, at least two of the members of the board of directors of a bank shall be persons who are employees of that bank.