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

Regulations

Regulations relating to Banks' Financial Instrument Trading

Chapter 2 : General

7. Stock position

 

(1) A stock position shall be regarded as being associated with a bank's investment book, as opposed to the trading book, if the contract was concluded for investment, rather than trading purposes.

 

(2) In ascertaining whether a stock position was acquired for investment purposes, notice may be taken of whether—
(a) it is traded on a recognised or designated financial exchange; or
(b) the price performance thereof is ensured by such an exchange or by a recognised clearing house; or
(c) there are rules for the payment or provision of margin calls.

 

(3) Factors that may indicate that a contract is concluded for trading purposes are that—
(a) the terms specify delivery of the product within seven days;
(b) either or each of the contracting parties is a producer of the commodity or uses it in its business or the purchaser takes or intends to take delivery of the commodity.