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Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 12A : Resolution of Designated Institutions

Part 2 : Placing designated institutions in resolution

166K. When designated institution ceases to be in resolution

 

(1) If—
(b) the Reserve Bank is of the opinion that it is no longer necessary that the designated institution remain in resolution—
(i) to maintain financial stability; or
(ii) in the case of a bank or a member of a group of companies of which a bank is a member, to protect depositors of the bank,

the Reserve Bank must recommend to the Minister that the Minister revoke the determination made in terms of section 166J(2) by which the designated institution was placed in resolution.

 

(2) The Minister may, after considering a recommendation made in terms of subsection (1), revoke the determination.

 

(3) The Reserve Bank must publish each revocation, but failure to do so does not invalidate the revocation.

 

(4) A designated institution also ceases to be in resolution when a liquidator, other than a provisional liquidator, is appointed for the designated institution, unless the court orders otherwise.

 

[Section 166K inserted by section 51 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)(ii) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]