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Co-operative Banks Act, 2007 (Act No. 40 of 2007)

Chapter XI : Offences and Penalties

77. Unlawful use of word "co-operative bank", "co-operative financial institution" or unlawful conduct of business of co-operative bank or co-operative financial institution

[Section 77 heading substituted by section 290, item 19 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

 

(1) It is an offence for any person who is not registered as a co-operative bank or a co-operative financial institution under this Act to—
(a) in connection with any business conducted by him, her or it—
(i) use or refer to himself, herself or itself by any name, description or symbol indicating, or calculated to lead persons to infer, that such person is a co-operative bank or a co-operative financial institution registered as such under this Act; or
(ii) in any manner purport to be a co-operative bank or a co-operative financial institution registered as such under this Act; or
(b) use in respect of any business a name or description that includes the expression "co-operative bank", "co-op bank", "co-operative financial institution" or any derivative thereof.

 

(2) It is an offence for any person to conduct the business of any co-operative bank or co-operative financial institution unless such person is registered as a co-operative bank or a co-operative financial institution in terms of this Act.

 

(3)
(a) It is an offence for a co-operative bank to provide, participate in or undertake banking services other than the services authorised in respect of the type of co-operative bank it is registered as in terms of this Act.
(b) It is an offence for a co-operative financial institution to provide, participate in or undertake services other than the services that it is authorised to provide as a registered co-operative financial institution in terms of this Act.

 

[Section 77 substituted by section 290, item 19 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]