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Table of Contents
Banks Act, 1990 (Act No. 94 of 1990)
Notice No. 1597 of 1990
Act
Chapter I : Interpretation and Application of Act
1. Definitions
1A. Relationship between Act and Financial Sector Regulation Act
2. Exclusions from application of Act
Chapter II : Administration of Act
3. [Repealed] Office for Banks
4. Registrar and Deputy Registrar of Banks
5. Delegation of powers and assignment of functions by Registrar
6. Powers of inspection of, and guidelines by, Registrar
7. Furnishing of information by banks and controlling companies
8. [Repealed] Power of Registrar to extend certain periods
9. [Repealed] Review of decisions of Registrar
10. [Repealed] Annual report by Registrar
Chapter III : Authorization to Establish, and Registration and Cancellation of Registration of, Banks
11. Registration a prerequisite for conducting business of bank
12. Application for authorization to establish bank
13. Granting or refusal of application for authorization
14. Revocation of authorization
15. Formation of certain companies prohibited except with approval of Authority
16. Application for registration as bank
17. Granting or refusal of application for registration
18. Conditions of registration
18A. Branches of foreign institutions
18B. Cancellation or suspension of authorization by Authority and notice by Authority of intention to cancel or suspend authorization
19. [Repealed] Application for final registration as bank
20. [Repealed] Granting or refusal of application for final registration
21. Untrue information in connection with applications
22. Use of name of bank
23. Cancellation or suspension of registration by Registrar
24. Notice by Registrar of intention to cancel or suspend registration
25. Cancellation or suspension of registration by court
26. Restriction by Registrar of activities of bank
27. Cancellation of registration at request of bank
28. Cancellation of registration upon winding-up
29. Withdrawal of suspension or restriction
30. Publication of information relating to banks, controlling companies, eligible institutions and representative offices of foreign institutions and the keeping of records by the Authority
31. Date on which registration lapses
32. Repayment of deposits upon lapse of registration
33. Reregistration in terms of this Act
33A. Reregistration after commencement of Banks Amendment Act, 1994
34. Representative offices of foreign institutions
35. Annual licence
Chapter IV : Shareholding in, and Registration of Controlling Companies in respect of, Banks
36. [Repealed] Restriction on shareholding in banks and controlling companies
37. Permission for acquisition of shares in bank or controlling company
38. Registration of shares in name of nominees
39. Furnishing of information by shareholders
40. Absence of wrongful intent
41. Effects of registration of shares contrary to Act
42. Restriction of right to control bank
43. Application for registration as controlling company
44. Granting or refusal of application for registration as controlling company
45. Cancellation by Registrar of registration of controlling company
46. Cancellation by court of registration of controlling company
47. Cancellation of registration at request of controlling company
48. Lapse of registration of controlling company upon cancellation of registration of bank
49. Date on which registration of controlling company lapses
50. Investments and loans and advances by controlling companies
Chapter V : Functioning of Banks and Controlling Companies with reference to Companies Act
51. Application of Companies Act to banks and controlling companies
52. Subsidiaries, branch offices, other interests and representative offices of banks and controlling companies
53. Disclosure by banks and controlling companies of interest in subsidiaries, trusts and other undertakings
54. Amalgamations, mergers and arrangements
55. Reconstruction within group of companies
56. Alteration of memorandum of incorporation, and change of name
57. Alteration of memorandum of association or articles of association in accordance with direction of Authority
58. Information regarding directors and officers
59. Returns regarding shareholders
60. Directors and officers of a bank or controlling company
60A. Compliance function
60B. Corporate governance
61. Appointment of auditor
62. Appointment of auditor by Registrar
63. Functions of auditor in relation to Registrar
64. Audit committee
64A. Risk and capital management committee
64B. Directors' affairs committee
64C. Remuneration committee
65. Forwarding of certain notices, reports, returns and financial statements to Authority
66. Disclosure of issued share capital
67. Disclosure of names of certain shareholders
68. [Repealed] Special provisions relating to winding-up or judicial management of bank
69. [Repealed] Appointment of curator to bank
69A. [Repealed] Investigation of affairs of bank under curatorship
Chapter VI : Prudential Requirements
70. Minimum share capital and unimpaired reserve funds
70A. Minimum capital and reserve funds in respect of banking group
71. [Repealed] Minimum reserve balance
72. Minimum liquid assets
73. Concentration risk
74. Failure or inability to comply with prudential requirements
75. Returns
Chapter VII : Provisions relating to aspects of the Conduct of the Business of a Bank
76. Restriction on investments in immovable property and shares, and on loans and advances to certain subsidiaries
77. Restriction on investments with, and loans and advances to, certain associates
78. Undesirable practices
79. Shares, debentures, negotiable certificates of deposit, share warrants and promissory notes or similar instruments
80. Limitation on certain activities of banks
Chapter VIII : Control of certain activities of Unregistered Persons
81. Order prohibiting anticipated or actual contraventions of certain provisions of Act
82. Registrar's power to exact information from unregistered persons
83. Repayment of money unlawfully obtained
84. Management and control of repayment of money unlawfully obtained
Chapter IX : General Provisions
85. Certification of returns and other documents
85A. Approval of eligible institutions
85B. Verification of information
86. Inspection, copies and keeping of documents
87. Minors and married women as depositors
88. Limitation of liability
89. Furnishing of information by Registrar
89A. Fair administrative action
90. Regulations
91. Offences and penalties
91A. Power of Registrar to impose penalty
92. Review of Act
93. Interpretation of certain references in existing laws and in other documents
94. Amendment of section 3 of Act 61 of 1973, as amended by section 106 of Act 82 of 1986
95. Repeal of laws, and savings
96. Short title and commencement
Schedule
Laws Repealed
Regulations
Conditions for the conducting of the business of a Bank by a Foreign Institution by means of a branch in the Republic
Notice No. R. 1 of 2008
1. Conditions for the conducting of the business of a Bank by a Foreign Institution by means of a branch in the Republic
2. Failure or inability to comply with the provisions of these Regulations
3. Commencement
Regulations relating to Banks' Financial Instrument Trading
Notice No. R. 1058 of 1998
Chapter 1 : Definitions
1. Definitions
Chapter 2 : General
2. Capital
3. Interest-rate swaps
4. Netting
5. Repurchase agreements
6. Specific and general risk
7. Stock position
8. Trading book: capital requirements
9. Applicability to mutual banks
Chapter 3 : Capital
10. Capital-adequacy requirement returns
11. Capital-adequacy requirements relating to trading books of banks
Chapter 4 : Position Risk
12. Principles of calculation
13. Calculation of position risk: standardised methods
14. Method 1: Calculation of position risk-requirement in terms of simplified method
15. Method 2: Calculation of position risk: building-block method
16. Treatment of options
17. Simplified approach
18. Delta-plus approach
Chapter 5 : Counterparty Risk
19. Explanatory terms for purposes of calculation of counterparty risk
20. Exceptions
21. Calculation of counterparty-risk requirement
Chapter 6 : Large Exposures
22. Large-exposure requirements ("LER")
23. Calculations
Chapter 7 : Use of Internal Mode
24. General criteria
25. Qualitative standards
26. Specification of market-risk factors
27. Quantitative standards
28. Stress testing
29. External validation
30. Combination of internal models and the standardised methodology
Chapter 8 : Reporting
31. General
32. Risk-based returns
33. Directives pertaining to reporting of information pertaining to trading activities
34. Short title and commencement
Regulations relating to Representative Offices
Notice No. R. 1370 of 2001
1. Definitions
2. Operational information
3. Management
4. Material changes
5. Financial statements
6. Failure or inability to comply with the provisions of these Regulations
7. Commencement
Annexures A to D
Regulations relating to Banks
Notice No. R. 1029 of 2012
Chapter I : Basis of Regulations
1. Objective of Regulations and completeness of information
2. Management accounts as basis for the completion of returns
3. Financial Reporting Standards
4. Certification and rendition of returns
5. Failure or inability to comply with the provisions of the Regulations
6. General
Chapter II : Financial, Risk-based and other related Returns and Instructions, Directives and Interpretations relating to the completion thereof
7. List of forms prescribed in respect of financial, risk-based and other related returns to be submitted to the Registrar with indication of institution by which, intervals at which and period within which returns shall be submitted
Form BA 099
Form BA 099A
8. Calculation of averages
9. Gross balances
10. Maturity classification
11. Reference to line item numbers
12. Revaluation surplus ranking as common equity tier 1 or additional tier 1 unimpaired reserve funds
13. Set-off
14. Trading activities
15. Accrued interest and amounts
16. Cash-management schemes
17. Assets sold or acquired in terms of a repurchase or resale agreement
18. Balance sheet
Form BA 100
Form BA 100 (page 1)
Form BA 100 (page 2)
Form BA 100 (page 3)
Form BA 100 (page 4)
Form BA 100 (page 5)
Form BA 100 (page 6)
Directives and interpretations for completion of monthly balance sheet (Form BA 100)
19. Off-balance sheet activities
Form BA 110
Directives and interpretations for completion of monthly off-balance sheet activities (Form BA 110)
20. Income statement
Form BA 120
Form BA 120 (page 1)
Form BA 120 (page 2)
Form BA 120 (page 3)
Form BA 120 (page 4)
Directives and interpretations for completion of monthly income statement (Form BA 120)
21. Return regarding shareholders
Form BA 125
Directives and interpretations for completion of the annual return concerning shareholders of a bank/controlling company (Form BA 125)
22. Investments, loans and advances
Form BA 130
Directive and interpretations for completion of the quarterly return concerning investments, loans and advances (Form BA 130)
23. Credit risk: monthly return
Form BA 200
Form BA 200 (page 1)
Form BA 200 (page 2)
Form BA 200 (page 3)
Form BA 200 (page 4)
Form BA 200 (page 5)
Form BA 200 (page 6)
Form BA 200 (page 7)
Form BA 200 (page 8)
Form BA 200 (page 9)
Form BA 200 (page 10)
Form BA 200 (page 11)
Form BA 200 (page 12)
Form BA 200 (page 13)
Form BA 200 (page 14)
Form BA 200 (page 15)
Form BA 200 (page 16)
Form BA 200 (page 17)
Form BA 200 (page 18)
Form BA 200 (page 19)
Form BA 200 (page 20)
Form BA 200 (page 21)
Form BA 200 (page 22)
Form BA 200 (page 23)
Form BA 200 (page 24)
Form BA 200 (page 25)
Form BA 200 (page 26)
Form BA 200 (page 27)
Directives and interpretations for completion of monthly return concerning credit risk (Form BA 200)
Subregulations (1) to (4)
Subregulation (5) Calculation of credit risk exposure: standardised approach
Subregulation (6) Method 1: Calculation of credit risk exposure in terms of the simplified standardised approach
Subregulation (7) Credit risk mitigation: simplified standardised approach
Subregulation (8) Method 2: Calculation of credit risk exposure in terms of the standardised approach
Subregulation (9) Credit risk mitigation: standardised approach
Subregulation (10) Calculation of credit risk exposure: IRB approach
Subregulation (11) Method 1 : Calculation of credit risk exposure in terms of the foundation IRB approach
Subregulation (11)(a)
Subregulation (11)(b) Minimum requirements
Subregulation (11)(c) Categorisation of exposures
Subregulation (11)(d) Risk-weighted exposure
[Deleted] Subregulation (11)(e) Securitisation or resecuritisation exposure: rating-based approach
[Deleted] Subregulation (11)(f) Securitisation exposure: conditions relating to an inferred rating
Subregulation (11)(g) Securitisation exposure: internal assessment approach
Subregulation (11)(h) Securitisation exposure: conditions relating to a bank's internal assessment process
[Deleted] Subregulation (11)(i) Securitisation exposure: risk-weighted exposure calculated in terms of the standard formula approach
[Deleted] Subregulation (11)(j) Securitisation exposure: calculation of IRB capital requirement relating to a specific tranche
Subregulation (11)(k) Securitisation exposure: SEC-IRBA
Subregulation (11)(l) Securitisation exposure: Definition of attachment point A and detachment point D
Subregulation (11)(m) Securitisation exposure: Formulation of supervisory parameter (p)
Subregulation (11)(n) Securitisation exposure: matters relating to effective number of exposures, denoted by N
Subregulation (11)(o) Securitisation exposure: Calculation of risk weight
Subregulation (11)(p) Securitisation exposures subject to an early amortisation mechanism
Subregulation (11)(q) Risk weighted exposure equivalent to a deduction against capital and reserve funds
Subregulation (12) Credit risk mitigation: foundation IRB approach
Subregulation (12)(a) On-balance-sheet netting
Subregulation (12)(b) Collateral
Subregulation (12)(c) Pools of collateral
Subregulation (12)(d) Guarantees
Subregulation (12)(e) Credit-derivative instruments
Subregulation (12)(f) Maturity mismatches
Subregulation (12)g) Double default
Subregulation (13) Method 2: Calculation of credit-risk exposure in terms of the advanced IRB approach
Subregulation (13)(a)
Subregulation (13)(b) Minimum requirements
Subregulation (13)(c) Categorisation of exposures
Subregulation (13)(d) Risk-weighted exposure
Subregulation (13)(e) Risk-weighted exposure equivalent to a deduction against capital and reserve funds
Subregulation (14) Credit-risk mitigation: advanced IRB approach
Subregulation (14)(a) On-balance-sheet netting
Subregulation (14)(b) Collateral
Subregulation (14)(c) Guarantees
Subregulation (14)(d) Credit-derivative instruments
Subregulation (14)(e) Maturity mismatches
Subregulation (14)(f) Double default
Subregulation (15) Counterparty credit risk exposure and matters related thereto
Subregulation (15)(a)
Subregulation (15)(b)
Subregulation (15)(c) Matters relating to minimum required capital and reserve funds for CVA risk
Subregulation (15)(d) Matters related to the calculation of the aggregate amount of required capital and reserve funds
Subregulation (16) Exposure to Central Counterparties and matters related thereto
Subregulation (17) Margin requirements for non-centrally cleared derivative instruments and matters related thereto
Subregulation (18) Calculation of counterparty credit exposure or EAD in terms of the standardised approach
Subregulation (18)(a) Matters relating to the exposure amount or EAD
Subregulation (18)(b) Further matters relating to the size and sign of an exposure amount or EAD
Subregulation (18)(c) Matters relating to hedging sets
Subregulation (18)(d) Matters relating to credit conversion factors
Subregulation (19) Calculation of counterparty credit exposure in terms of the internal model method
Subregulation (19)(a) Matters relating to the exposure amount or EAD, and matters related thereto
Subregulation (19)(b) Matters relating to own estimates of alpha
Subregulation (19)(c) Matters relating to effective maturity
Subregulation (19)(d) Matters relating to cross-product netting
Subregulation (19)(e) Matters relating to margin agreements
Subregulation (19)(f) Matters relating to model validation and operational requirements
Subregulation (19)(g) Matters related to minimum required capital and reserve funds for default risk
Subregulation (19)(h) Matters related to minimum required capital and reserve funds for credit valuation adjustments (CVA) for a bank that obtained approval for the internal model method for the measurement of the bank's exposure to counterparty credit ri
Subregulation (20) Specific matters relating to delivery--versus-payment transactions, and non-delivery-versus-payment or free-delivery transactions
Subregulation (21) Expected loss
Subregulation (22) Credit impairment
Subregulation (23) Instructions relating to the completion of the monthly form BA200 are furnished with reference to the headings and item descriptions of specified columns and line items appearing on form BA200
Items relating to the summary of selected credit risk related information: standardised approach
Columns relating to summary of on-balance-sheet and off-balance-sheet credit exposure: standardised approach, items 14 to 34
Items relating to reconciliation of credit impairment: standardised approach
Columns relating to credit capital requirements based on risk weights: standardised approach, items 47 to 69
Columns relating to counterparty credit risk based on specified risk weights: standardised approach, items 80 to 86
Columns relating to counterparty credit risk analysis of standardised CVA risk weighted exposure: standardised approach, items 87 to 94
Columns relating to analysis of central counterparty trade exposure: standardised approach, items 95 to 98
Columns relating to analysis of central counterparty trade exposure: standardised approach, items 100 to 103
Columns relating to analysis of non-qualifying central counterparty default fund guarantees: standardarised approach, items 101 and 102
Items relating to summary of selected credit risk related information: IRB approach
Columns relating to summary of on-balance-sheet and off-balance-sheet credit exposure: IRB approach, items 124 to 151
Columns relating to capital requirement in respect of specialised lending subject to specified risk weights and specified risk grades: IRB approach, items 152 to 161
Items relating to reconciliation of credit impairments: IRB approach
Columns relating to analysis of past due exposure (EAD): IRB approach, items 219 to 246
Columns relating to counterparty credit risk: IRB approach, items 247 to 275
Items relating to counterparty credit risk analysis of netting: IRB approach
Columns relating to counterparty credit risk analysis of standardised CVA risk weighted exposure: IRB approach, items 277 to 284
Columns relating to analysis of central counterparty trade exposure: IRB approach, items 285 to 288
Columns relating to analysis of qualifying central counterparty default fund guarantees: IRB approach, items 289 and 290
Columns relating to analysis of non-qualifying central counterparty default fund guarantees: IRB approach, items 291 and 292
Columns relating to analysis of performing credit exposure, that is, EAD, analysed by effective maturity, items 308 to 320
24. Credit risk: quarterly return
Form BA 210
Directive and interpretations for completion of the quarterly return concerning credit risk (Form BA 210)
Subregulation (1) to (3)
Subregulation (4) Matters relating to valuation of security/collateral
Subregulation (5)
Subregulation (6) Matters related to concentration risk, primarily credit concentration risk
Subregulation (7) Prescribed percentages and amounts relating to specified concentration risk
Subregulation (8) Matters related to exempt exposure
Subregulation (9) Matters specifically related to connected lending or lending to a related person
Subregulation (10)
Columns relating to credit risk mitigation: standardised approach, items 1 to 21
Columns relating to restructured credit exposure: standardised approach, items 22 to 42
Items relating to credit risk classification and impairment: standardised approach
Columns relating to credit risk classification and impairment: standardised approach, items 43 to 63
Items relating to credit concentration risk - large exposure to a person: standardised approach
Columns relating to credit concentration risk - large exposure to a person: standardised approach, items 64 to 77
Items relating to credit concentration risk - sectoral distribution: standardised approach
Columns relating to credit concentration risk - sectoral distribution: standardised approach, items 78 to 94
Items relating to credit concentration risk - Herfindahl-Hirschman Index (HHI): standardised approach
Columns relating to credit concentration risk - geographical distribution: standardised approach, items 118 to 174
Columns relating to credit concentration risk - 20 largest exposures in debt and with equity exposure: standardised approach, items 194 to 214
Columns relating to watch list: standardised approach, items 215 to 228
Columns relating to credit risk mitigation: IRB approach, items 229 to 256
Columns relating to restructured credit exposure: IRB approach, items 257 to 284
Items relating to credit concentration risk - large exposure to a person: IRB approach
Columns relating to credit concentration risk - large exposure to a person: IRB approach, items 285 to 300
Items relating to credit concentration risk - sectoral distribution: IRB approach
Columns relating to credit concentration risk - sectoral distribution: IRB approach, items 301 to 317
Items relating to credit concentration risk - Herfindahl-Hirschman Index (HHI): IRB approach
Columns relating to credit concentration risk - geographical distribution: IRB approach, items 341 to 397
Columns relating to credit concentration risk - 20 largest exposures in debt and with equity exposure: IRB approach, items 417 to 437
Columns relating to watch list: IRB approach, items 438 to 452
25. Credit risk: six monthly return
Form BA 220
Directives and interpretations for completion of the six-monthly return concerning credit risk (Form BA 220)
26. Liquidity risk
Form BA 300
Directives and interpretations for completion of monthly return concerning liquidity risk (Form BA 300)
Subregulation (1) to (6)
Subregulation (7)
Subregulation (8) Matters relating to a bank's contractual balance sheet position
Subregulation (9) Matters relating to a bank's business as usual balance sheet mismatch
Subregulation (10) Matters relating to a bank-specific stress mismatch
Subregulation (11) Matters relating to potential concentration of funding
Subregulation (12) Matters related to the calculation of a bank's liquidity coverage ratio (LCR)
Subregulation (12)(a) Specified minimum requirements
Subregulation (12)(b) Specific matters related to level one and level two high-quality liquid assets
Subregulation (12)(c) Matters related to the calculation of a bank's relevant amount of net cash outflow
Subregulation (12)(d) Matters related to the calculation of a bank's total expected cash outflows
Subregulation (12)(e) Matters related to the calculation of a bank's total expected cash inflows
Subregulation (12)(f) Formulae for the calculation of LCR
Subregulation (13) Available sources of stress funding and related matters
Subregulation (14) Matters related to the calculation of a bank's net stable funding ratio
Subregulation (15) Matters relating to a bank's foreign exchange contractual maturity ladder
Subregulation (16)
Subregulation (17)
27. Minimum reserve balance and liquid assets
Form BA 310
Directives and interpretations for completion of monthly return concerning minimum reserve balance and liquid assets (Form BA 310)
28. Market risk
Form BA 320 - Market risk (position risk)
Form BA 320 (page 1)
Form BA 320 (page 2)
Form BA 320 (page 3)
Form BA 320 (page 4)
Form BA 320 (page 5)
Form BA 320 (page 6)
Form BA 320 (page 7)
Directives and interpretations for completion of monthly return concerning market risk (Form BA 320)
Subregulations (1) to (2)
Subregulation (3)
Subregulation (4)
Subregulation (5) Combination of the internal models approach and the standardised approach
Subregulation (6)
Subregulation (7) Method 1: standardised approach
Subregulation (7)(a)
Subregulation (7)(b) Matters relating to debt securities and other interest rate related instruments
Subregulation (7)(b)(i)
Subregulation (7)(b)(ii) Matters relating to specific risk
Subregulation (7)(b)(iii) Matters relating to general risk
Subregulation (7)(b)(iv) Matters relating to interest rate derivative instruments
Subregulation (7)(c) Matters relating to equity instruments and equity position risk
Subregulation (7)(d) Matters relating to foreign exchange risk, including gold
Subregulation (7)(e) Matters relating to commodity risk
Subregulation (7)(f) Matters relating to options
Subregulation (7)(g)
Subregulation (8) Method 2: Internal models approach
Subregulation (8)(a)
Subregulation (8)(b)
Subregulation (8)(c) Qualitative requirements
Subregulation (8)(d) Matters relating to the specification of relevant market risk factors
Subregulation (8)(e)
Subregulation (8)(f) Specific matters relating to stress testing
Subregulation (8)(g) Matters relating to external validation
Subregulation 8(h) Matters specifically related to the treatment of specific risk
29. Daily return: selected risk exposure arising from trading and treasury activities
Form BA 325 : Daily Report: Selected Risk Exposure
Directives and interpretations for completion
30. Interest-rate risk: Banking book
Form BA 330 : Interest rate risk: banking book
Directives and interpretations for completion of monthly return concerning interest-rate risk (Form BA 330
31. Equity risk in the banking book
Form BA 340
Directives and interpretations for completion of monthly return concerning equity risk in the banking book (Form BA 340)
32. Derivative instruments
Form BA 350 : Derivative instruments
Form BA 350 (page 1)
Form BA 350 (page 2)
Form BA 350 (page 3)
Form BA 350 (page 4)
Form BA 350 (page 5)
Directives and interpretations for completion of monthly return concerning derivative instruments (Form BA 350)
33. Operational risk: six-monthly return
Form BA 400 : Operational risk
Form BA 400 (page 1)
Form BA 400 (page 2)
Directives and interpretations for completion of six-monthly return concerning operational risk (Form BA 400)
Subregulations (1) to (6)
Subregulation (7) Basic indicator approach
Subregulation (8) Standardised approach and alternative standardised approach
Subregulation (9) Advanced measurement approach
Subregulation (9)(a) to (c)
Subregulation (9)(d) Qualifying criteria
Subregulation (9)(d)(i)
Subregulation (9)(d)(ii)
Subregulation (9)(d)(iii)
Subregulation (9)(d)(iv)
Subregulation (9)(d)(v)
Subregulation (9)(d)(vi)
Subregulation (9)(d)(vii)
Subregulation (9)(d)(viii)
Subregulation (9)(e)
Subregulation (9)(f) Eligible risk mitigation
Subregulation (10) Instructions relating to the completion of the return are furnished with reference to certain item descriptions and line item numbers appearing on the form BA 400
34. Operational risk: six-monthly return
Form BA 410 : Operational risk
Operational risk - Directives and interpretations for completion of quarterly return concerning operational risk (Form BA 410)
35. Securitisation schemes and related exposure
Form BA 500 : Securitisation exposures
Directives and interpretations for completion of the monthly return concerning securitisation schemes (Form BA 500)
Subregulations (1) to (6)
Subregulation (7)
36. Consolidated supervision: consolidated return
Form BA 600
Matters relating to consolidated supervision including directives and interpretations for completion of quarterly consolidated return (Form BA 600)
Subregulations (1) and (2)
Subregulation (3)
Subregulations (4) and (5)
Subregulation (6)
Subregulation (7)
Subregulation (8)
Subregulation (9)
Subregulation (10)
Subregulation (11)
Subregulation (12) Foreign owned banks
Subregulation (13) Exemption or exclusion from consolidation
Subregulation (14) Credit concentration risk and related matters
Subregulation (15) and (16)
Subregulation (17) Matters related to corporate governance, risk management and internal controls
Subregulation (18) Matters specifically related to solo consolidation
Subregulation (19) Instructions relating to the completion of the return are furnished with reference to certain item descriptions and line item numbers appearing on the form BA 600
37. Consolidated supervision: foreign operations of South African Banks
Form BA 610
Matters relating to consolidated supervision including directives and interpretations for completion of quarterly return concerning foreign operations of South African banks (Form BA 610)
38. Capital Adequacy, Leverage and TLAC
Form BA 700 - Capital Adequacy, Leverage and TLAC
Capital Adequacy, Leverage and TLAC - Directives and interpretations for completion of monthly return concerning capital adequacy, leverage and TLAC (Form BA 700)
Subregulation (1)
Subregulation (2)
Subregulation (3)
Subregulation (4)
Subregulation (5) Matters related to adjustment to or adjustments from capital and reserve funds
Subregulation (6) Conditions relating to external credit assessment in respect of a securitisation scheme or resecuritisation exposure
Subregulation (7) Conditions relating to the calculation of minimum required capital and reserve funds in respect of a securitisation scheme or resecuritisation exposure, and related matters
Subregulation (8) Minimum required capital and reserve funds
Subregulation (9) Qualifying capital and reserve funds and related matters
Subregulation (10) Matters related to TLAC
Subregulation (11) Conditions for issue of instruments or shares of which the proceeds rank as common equity tier 1 capital and/or additional tier 1 capital
Subregulation (12) Conditions for the issue of instruments or shares of which the proceeds rank as tier 2 capital
Subregulation (13) Tier 2 unimpaired reserve funds
Subregulation (14) Matters related to specified minority interests, that is, non-controlling interests, in shares and/or instruments issued out of consolidated subsidiaries that is held by third parties, qualifying as capital
Subregulation (15) Matters related to leverage
Subregulation (16) Matters related to the repayment of capital and specified reductions in reserve funds
Subregulation (17) Instructions relating to the completion of the form BA 700 are furnished with reference to the headings and item descriptions of certain columns and line item numbers appearing on the form BA 700
Chapter III : Corporate Governance
39. Process of corporate governance
Subregulations (1) and (2)
Subregulation (3)
Subregulation (4)
Subregulation (5)
Subregulation (6)
Subregulation (7)
Subregulation (8)
Subregulation (9) Counterparty credit risk: operational requirements relating to the use test
Subregulation (10) Counterparty credit risk: operational requirements relating to stress testing
Subregulation (11) Counterparty credit risk: operational requirements relating to the identification of wrong-way risk
Subregulation (12) Counterparty credit risk: further operational requirements relating to internal controls and the integrity of the bank's modelling process
Subregulation (13)
Subregulation (14)
Subregulation (15)
Subregulation (16)
Subregulation (17) to (20)
40. Guidelines relating to conduct of directors
41. Composition of the board of directors of a bank or controlling company
42. Statement relating to attributes of serving or prospective directors or executive officers
Subregulations (1) and (2)
Form BA 020 : Statement by individuals who are holding , or are proposing to hold the office of a director or executive officer of a bank or controlling company
Form BA 020 (page 1)
Form BA 020 (page 2)
Form BA 020 (page 3)
Form BA 020 (page 4)
Form BA 020 (page 5)
Form BA 020 (page 6)
Declaration
Declaration by Chairperson / Auditor
43. Public disclosure
Subregulation (1)
Subregulation (2)
Subregulation (2)(a)
Subregulation (2)(b)
Subregulation (2)(c)
Subregulation (2)(d)
Subregulation (2)(e)
Subregulation (2)(e)(i) Credit risk
Subregulation (2)(e)(ii) Market risk
Subregulation (2)(e)(iii) Liquidity risk
Subregulation (2)(e)(iv) Interest-rate risk
Subregulation (2)(e)(v) Operational risk
Subregulation (2)(e)(vi) Securitisation or resecuritisation
Subregulation (2)(e)(vii) Other material risks to which the bank is exposed
Subregulation (2)(f)
Subregulation (2)(g)
Subregulation (3)
44. Annual financial statements
45. Consolidated financial statements
46. Audit reports
47. Reportable offences
48. Internal audit
49. Compliance function
50. Market abuse and financial crime
51. Eligible institutions
Chapter IV : Application Procedures
52. Application forms and certificates of registration
53. List of forms prescribed in respect of notices, applications, certificates and declarations under these Regulations
54. Review procedure
Review procedure
Forms
Form BA 001 : Notice of review
Form BA 002 : Application for authorisation to establish a bank or branch or registration as a bank or branch
Form BA 002 (page 1)
Form BA 002 (page 2)
Form BA 002 (page 3)
Form BA 002 (Annexure)
Form BA 003 : Certificate of registration as a bank
Form BA 004 : Application for registration as a controlling company
Form BA 004 (page 1)
Form BA 004 (page 2)
Form BA 005 : Certificate of registration as a controlling company
Form BA 006 : Application for approval of appointment of auditor(s)
Form BA 006 (page 1)
Form BA 006 (page 2)
Form BA 006 (page 3) : Part A
Form BA 006 (page 4)
Form BA 006 (page 5)
Form BA 006 (page 6) : Part B
Form BA 006 (page 7)
Form BA 006 (page 8)
Form BA 006 Declaration
Form BA 007 Application for permission to acquire shares in a bank/controlling company
55. Application for permission to acquire shares in a bank or controlling company
Application for permission to acquire shares in a bank or controlling company
Forms
Form BA 008 : Certificate of change of name
Form BA 009 : Certificate of authorisation for the conducting of the business of a bank by a foreign institution by means of a branch in the Republic of South Africa
Form BA 010 : Certificate of authorisation for the establishment of a representative office
56. Application for permission to acquire or establish subsidiaries, joint ventures, branch offices, divisions, other interests and representative offices of banks or controlling companies
Application for permission to acquire or establish subsidiaries etc
Forms
Form BA 021 : Annual licence for a representative office
Form BA 022 : Annual licence for a bank
Form BA 023 : Annual licence for a branch
57. Application for permission to sell immovable property
Chapter V : Prescribed Fees
58. Fees payable
59. Manner of payment of fees
60. Annual licence
Chapter VI : Information required by the Registrar and the Economic Research and Statistics Department of the Reserve Bank
61. List of forms prescribed in respect of returns to be submitted to the Registrar, with indication of institution by which, intervals at which and period within which returns shall be submitted
62. Institutional and maturity breakdown of liabilities and assets
Form BA 900
Form BA 900 (page 1)
Form BA 900 (page 2)
Form BA 900 (page 3)
Form BA 900 (page 4)
Form BA 900 (page 5)
Form BA 900 (page 6)
Form BA 900 (page 7)
Form BA 900 (page 8)
Form BA 900 (page 9)
Form BA 900 (page 10)
Form BA 900 (page 11)
Form BA 900 (page 12)
Form BA 900 (page 13)
Form BA 900 (page 14)
Form BA 900 (page 15)
Form BA 900 (page 16)
Form BA 900 (page 17)
Form BA 900 (page 18)
Form BA 900 (page 19)
Form BA 900 (page 20)
Form BA 900 (page 21)
Form BA 900 (page 22)
Directives and interpretations for completion of monthly return concerning institutional and maturity breakdown of liabilities and assets (Form BA 900)
Subregulations (1) to (5)
Subregulation (6)
Subregulation (7)
Columns relating to liabilities, tables 1 and 2
Columns relating to liabilities, tables 3 and 4
Column relating to equity, table 5
Line items relating to liabilities and equity, tables 1 to 5
Columns relating to assets, tables 6 to 14
Line items relating to assets, tables 6 to 14
Line items relating to contingent liabilities and other risk exposure, table 15
Columns relating to selected items, table 16
Line item relating to selected items, table 16
Columns relating to securitisation activity, table 17
Line item relating to securitisation activity, table 17
Columns relating to assets temporarily acquired, table 18
Line items relating to assets temporarily acquired, table 18
Columns relating to assets lent to other parties, table 19
Line item relating to assets lent to other parties, table 19
Columns relating to flows in respect of selected liability and asset items, tables 20 and 21
Subregulation (8)
Assets
Liabilities
Equity
Contingent liabilities and other risk exposure
63. Analysis of instalment sale transactions, leasing transactions and selected assets
Form BA 920
Form BA 920 (page 1)
Form BA 920 (page 2)
Form BA 920 (page 3)
Form BA 920 (page 4)
Directives and interpretations for completion of the quarterly return concerning analysis of instalment sale transactions, leasing transactions and selected assets (Form BA 920)
Subregulations (1) to (3)
Subregulation (4)
Columns relating to table 1
Line items relating to tables 1 and 2
Columns relating to table 2
Columns relating to table 3
Line items relating to table 3
Line items relating to table 4
Line items relating to table 5
64. Interest rates on deposits, loans and advances
Form BA 930
Form BA 930 (page 1)
Form BA 930 (page 2)
Form BA 930 (page 3)
Form BA 930 (page 4)
Directives and interpretations for completion of monthly return concerning interest rates on deposits, loans and advances (Form BA 930)
65. Selected locational statistics based on residence and nationality
Form BA 940
Section 1 : Total financial claims and liabilities by instrument and currency vis-à-vis all sectors
Form BA 940 (page 1)
Form BA 940 (page 2)
Form BA 940 (page 3)
Form BA 940 (page 4)
Form BA 940 (page 5)
Form BA 940 (page 6)
Form BA 940 (page 7)
Form BA 940 (page 8)
Form BA 940 (page 9)
Form BA 940 (page 10)
Form BA 940 (page 11)
Form BA 940 (page 12)
Form BA 940 (page 13)
Form BA 940 (page 14)
Form BA 940 (page 15)
Form BA 940 (page 16)
Form BA 940 (page 17)
Section 2 : Total financial claims and liabilities by instrument and currency vis-à-vis bank sector
Form BA 940 (page 18)
Form BA 940 (page 19)
Form BA 940 (page 20)
Form BA 940 (page 21)
Form BA 940 (page 22)
Form BA 940 (page 23)
Form BA 940 (page 24)
Form BA 940 (page 25)
Form BA 940 (page 26)
Form BA 940 (page 27)
Form BA 940 (page 28)
Form BA 940 (page 29)
Form BA 940 (page 30)
Form BA 940 (page 31)
Form BA 940 (page 32)
Form BA 940 (page 33)
Form BA 940 (page 34)
Section 3 : Total financial claims and liabilities by instrument and currency vis-à-vis non-bank sector and unallocated
Form BA 940 (page 35)
Form BA 940 (page 36)
Form BA 940 (page 37)
Form BA 940 (page 38)
Form BA 940 (page 39)
Form BA 940 (page 40)
Form BA 940 (page 41)
Form BA 940 (page 42)
Form BA 940 (page 43)
Form BA 940 (page 44)
Form BA 940 (page 45)
Form BA 940 (page 46)
Form BA 940 (page 47)
Form BA 940 (page 48)
Form BA 940 (page 49)
Form BA 940 (page 50)
Form BA 940 (page 51)
Section 4 : Total financial claims and liabilities by instrument and currency vis-à-vis sub-sectors of the non-financial sector
Form BA 940 (page 52)
Form BA 940 (page 53)
Form BA 940 (page 54)
Form BA 940 (page 55)
Form BA 940 (page 56)
Form BA 940 (page 57)
Form BA 940 (page 58)
Form BA 940 (page 59)
Form BA 940 (page 60)
Form BA 940 (page 61)
Form BA 940 (page 62)
Form BA 940 (page 63)
Form BA 940 (page 64)
Form BA 940 (page 65)
Form BA 940 (page 66)
Form BA 940 (page 67)
Form BA 940 (page 68)
Directives and interpretations for completion of quarterly return concerning locational statistics based on residence and nationality (Form BA 940)
66. Institutional sector classification
Form BA 950 [Deleted]
Directives and interpretations relating to institutional sector classification
Chapter VII : Definitions and General Provisions
67. Definitions
68. Borrowing of money by co-operatives
69. Short title and commencement
Notices
Designation of Institution of which the activities do not fall within the meaning of "The business of a bank"
Financial Service Co-operative
Notice No. R. 887 of 2008
1. Definitions
2. Institution
3. Conditions
4. Exemption
European Investment Bank
Notice No. 379 of 2009
Ithala Soc Limited (A Wholly Owned Subsidiary of Ithala Development Finance Corporation Limited)
Notice 633 of 2017
1. Definitions
2. Institution
3. Conditions
Designation of an activity not falling within the meaning of "The business of a bank"
Commercial Paper
Notice No. 2172 of 1994
1. Definitions
2. Designated activity
3. General conditions for the issue of commercial paper
Annexure : Return Concerning Commercial Paper
Common Bond
Notice No. 1176 of 2006
1. Definitions
2. Designated Activity
3. Conditions
4. Repeal of Notice
Exemption Notice relating to Securitisation Schemes
Notice No. 2 of 2008
1. Definitions
2. Designation of activity
3. Interpretation
4. Traditional securitisation scheme
5. Synthetic securitisation scheme
6. Credit-enhancement facilities
7. Liquidity facilities
8. Underwriting
9. Servicing
10. Transactions included in the trading book
11. Clean-up calls
12. Securitisation of revolving assets
13. Early amortisation
14. Issue of commercial paper
15. Appointment of auditor
16. Disclosure
17. Non-Compliance
18. Short title and commencement
19. Repeal of laws
Designation by the Prudential Authority of certain activities of Ithala SOC Limited
Notice No. 779 of 2022
1. Definitions
2. Institution
3. Conditions
4. Amendment and withdrawal of Exemption
5. Short title and commencement
Consent granted in terms of Section 34 of the Banks Act for a foreign institution to establish a representative office within the Republic of South Africa: Union Bancaire Privee, UBP-SA
Notice No. 1644 of 2023
Consent granted in terms of Section 34 of the Banks Act for a foreign institution to establish a representative office within the Republic of South Africa: Capital International Bank Limited
General Notice 1918 of 2023
"regulation"
means a regulation made under
section 90
;
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