| (1) |
The content of the relevant return is confidential and not available for inspection by the public. |
| (2) |
The purpose of the return, amongst other things, is to determine the reporting bank's— |
| (a) |
investments in immovable property and shares, and on loans and advances to certain subsidiaries; and |
| (b) |
investments with, and loans and advances to certain associates. |
| (3) |
Based on, amongst others, the relevant requirements specified in section 76(1) of the Act, a bank shall manage its business in such a manner that the aggregate amount of its— |
| (a) |
investment in immovable property; plus
|
| (b) |
investment in shares (excluding preference shares that are not convertible into ordinary shares); plus
|
| (c) |
loans and advances to subsidiaries of which the main object is the acquisition and holding or development of immovable property; less
|
| (d) |
investment in immovable property bought in and shares acquired during the preceding five years in order to protect an investment, including loans and advances, |
does not at any time exceed its qualifying amount of common equity tier 1 capital and reserve funds, additional tier 1 capital and reserve funds and tier 2 capital and reserve funds relating to risks other than market risk, as reported in item 88 of the form BA 700 less item 89 of the form BA 700, as at the latest reporting date for which the relevant statement was submitted.
| (4) |
Notwithstanding the provisions of subregulation (3) above, based on, amongst others, the relevant requirements specified in section 77(1) of the Act, a bank shall manage its business in such a manner that the aggregate amount of— |
| (a) |
its investments in debentures or preference shares of any of its associates, excluding such an associate that is a subsidiary referred to in subregulation (3), a bank or mutual bank, which debentures or preference shares are not convertible into ordinary shares; plus
|
| (b) |
its advances to any such associates; plus
|
| (c) |
its guarantees and/or other instrument relating to the liabilities or contingent liabilities of such associates; less
|
| (d) |
the excess amount of qualifying common equity tier 1 capital and reserve funds, additional tier 1 capital and reserve funds and tier 2 capital and reserve funds, determined in terms of the provisions of subregulation (3), |
does not at any time exceed ten per cent of the bank's aggregate amount of deposits, current accounts and other creditors as reported in item 55 of the form BA 100 as at the latest reporting date for which the relevant statement was submitted.
Basic Conditions of Employment Act, 1997
