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Financial Markets Control Act, 1989 (Act No. 55 of 1989)

37. Regulations

 

 

(1) The Minister may make regulations as to —
(a) the manner in which the remuneration and allowances of members of the advisory board referred to in section 3 (1), and of the other persons referred to in section 3 (5) and (6), shall be determined;
(b) records to be kept and furnished to the Registrar by financial exchanges and members thereof;
(c) the manner in which and conditions under which a clearing house may be recognised for the purposes of this Act by the Registrar;
(d) the appointment, removal, powers and duties of an auditor of a financial exchange or a member thereof, and of a recognised clearing house;
(e) the manner in which the amalgamation of financial exchanges, or of a financial exchange and a stock exchange, and the transfer of the business of a financial exchange or part of its business to another financial exchange or a stock exchange may take place;

[Paragraph (e) substituted by section 1 of Act 40 of 1999]

(f) the manner in which and the period within which —
(i) application for the renewal of a financial market licence shall be made;
(ii) notice shall be given of the issue, cancellation or suspension of a financial market licence;
(iii) [Subparagraph (iii) deleted by section 26(a) of Act 55 of 1995]
(iv) appeals under section 19 shall be noted and heard;
(g) all matters which by this Act are required or permitted to be prescribed;
(gA) matters in addition to those contemplated in any other provision of this Act in respect of which fees shall be payable, the fee payable in respect of each such matter, and, in relation to such fees as well as fees payable under any such other provision of this Act, the persons by whom the fees shall be payable, the manner of payment thereof and, where it is deemed necessary, the payment of interest in respect of overdue fees; and

[Paragraph (gA) inserted by section 19(a) of Act 7 of 1993]

(gB) the minimum capital which a member shall hold, what that capital may be comprised of and the basis of valuation of such capital;

[Paragraph (gB) inserted by section 26(b) of Act 55 of 1995]

(h) generally all matters which he considers it necessary or expedient to prescribe in order that the objects of this Act may be achieved.

 

(2) A regulation made under subsection (1) may, in respect of a contravention thereof or failure to comply therewith, prescribe a penalty not exceeding that prescribed by section 36 (1) (iii).

 

(3) Fees which are in terms of or by virtue of a provision of this Act payable, and interest so payable in respect of overdue fees, shall be a debt due to the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the Registrar by action in any competent court.