| (6) |
For the purposes of this regulation, unless specifically otherwise provided or stated— |
| (a) |
items reported on the form BA 900 shall be valued in accordance with financial reporting standards published from time to time; |
| (b) |
the maturity classification of a liability or an asset item shall be determined with reference to the remaining period to maturity of that item; |
| (c) |
in the case of capital and reserve funds— |
| (i) |
a branch of a foreign bank conducting business in the Republic shall be regarded as a resident of South Africa whilst other branches and the head office of the branch shall be regarded as non-residents of South Africa; |
| (ii) |
any shares held in the reporting bank by a controlling company shall be reported as shares held by the financial corporate sector; |
| (iii) |
any amount in respect of reserve funds to be allocated to the foreign sector (non-residents) shall be based on the relevant proportion of share capital held by non-residents; |
| (d) |
in the case of financial assets— |
| (i) |
domestic assets mean claims on South African residents; |
| (ii) |
foreign assets mean claims on non-residents, for example, claims on residents of countries such as Botswana, Lesotho, Swaziland and Namibia; |
| (e) |
in the case of non-financial assets— |
| (i) |
domestic assets mean assets located in the Republic of South Africa; |
| (ii) |
foreign assets mean assets located in countries other than the Republic of South Africa, such as buildings and vehicles owned by the reporting bank in countries other than the Republic of South Africa; |
| (f) |
Botswana, Lesotho, Swaziland and Namibia shall be regarded as foreign countries and any financial claim on a resident of one of the said countries shall be regarded as a claim on the foreign sector or a non-resident; |
| (g) |
when repayment of an advance to a specific person is guaranteed by another person, the advance shall be reported opposite the institutional grouping of the original obligor and not opposite the institutional grouping of the person guaranteeing repayment. For example, a loan to a non-financial public corporation that is guaranteed by the central government of the Republic shall be reported in the line item allocated for non-financial corporations and not in the line item allocated for the central government of the Republic; |
| (h) |
when an advance is secured by a specific asset type the classification of that advance shall be based on the asset type securing the advance even when the proceeds of the credit granted is utilised for purposes other than the purposes normally associated with the specific type of asset. For example, when a particular advance is secured by mortgage registered over fixed property and the borrower utilises the proceeds of the advance for general purposes, the advance shall be classified as a mortgage advance, provided that when more than one asset type secure a particular advance that advance shall be classified under "other loans and advances"; |
[Regulation 62(6)(h) substituted by regulation 29(c) of Notice No. 297, GG 40002, dated 20 May 2016]
| (i) |
loans shall be classified based on the relevant legal instrument or contract in terms of which the loan is granted or the counterparty to whom the loan is granted, as the case may be; |
[Regulation 62(6)(i) inserted by regulation 29(d) of Notice No. 297, GG 40002, dated 20 May 2016]
| (j) |
SA bank means any bank or mutual bank registered to respectively conduct business in terms of the Banks Act, 1990, and the Mutual Banks Act, 1993, as amended from time to time; |
| (k) |
central government includes all national government departments and ministries and institutional units not classified as quasi-corporations owned by central government, which central government institutional units were established in terms of the Constitution of the Republic of South Africa Act, 1996 (Act No 108 of 1996), and the Public Finance Management Act, 1999 (Act No 1 of 1999), as amended; |
| (k) |
provincial government means functions of government at a level just below that of central government, including the provincial governments of the Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West and the Western Cape; |
| (m) |
local government means any third-tier government unit that provides various services to resident institutional units, such as metropolitan councils, district councils and municipalities; |
| (n) |
foreign bank means any bank situated outside the borders of the Republic of South Africa; |
| (o) |
whenever the Reserve Bank, the Corporation for Public Deposits (CPD), the Land Bank and/ or the Postbank are not specified separately, the said institution(s) shall be classified as part of “monetary institutions” or "banks" or "SA banks", as the case may be; |
[Regulation 62(6)(o) substituted by regulation 29(e) of Notice No. 297, GG 40002, dated 20 May 2016]
| (p) |
whenever relevant, the Corporation for Public Deposits (CPD) shall be classified as part of the Reserve Bank, since the CPD is a subsidiary of the Reserve Bank; |
[Regulation 62(6)(p) inserted by regulation 29(f) of Notice No. 297, GG 40002, dated 20 May 2016]
| (q) |
reverse transaction assets shall for purposes of the completion of tables 18 and 19 of the form BA 900 be classified according to the issuer of the underlying instrument; |
[Regulation 62(6)(q) substituted by regulation 29(g) of Notice No. 297, GG 40002, dated 20 May 2016]
| (r) |
individual companies or entities within a group of companies or entities shall be classified individually to the relevant separately specified institutional sectors, notwithstanding the fact that those companies or entities may be subject to the control of a single or specific parent company or entity; |
[Regulation 62(6)(r) inserted by regulation 29(h) of Notice No. 297, GG 40002, dated 20 May 2016]
| (s) |
whenever the head office or parent institution of a group of companies or entities exercises managerial control over its subsidiaries, that head office or parent institution shall be classified as— |
| (i) |
financial sector when most or all of its subsidiaries are financial companies; or |
| (ii) |
non-financial sector when most or all of its subsidiaries are non-financial companies; |
[Regulation 62(6)(s) inserted by regulation 29(i) of Notice No. 297, GG 40002, dated 20 May 2016]
| (t) |
when a special-purpose entity or special-purpose vehicle has independent rights of action, that special-purpose entity or special-purpose vehicle shall be allocated according to the sector of its principal activity, provided that if the special-purpose entity or special-purpose vehicle— |
| (i) |
is a resident and with no independent rights of action, it shall be allocated to the sector of the relevant controlling body; |
| (ii) |
is a non-resident, it shall be allocated to the rest of the world. |
[Regulation 62(6)(t) inserted by regulation 29(j) of Notice No. 297, GG 40002, dated 20 May 2016]
Basic Conditions of Employment Act, 1997
