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

Regulations

Regulations in terms of Section 86

Part 1 : Definitions and interpretation

 

1. In these regulations "the Act" means the Co-operative Banks Act, 2007 (Act No. 40 of 2007), and any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned to it, and—
(a) "delinquent loan" means any loan in respect of which a payment due and payable has not been received in accordance with the terms of a contractual arrangement, and includes—
(i) in respect of loans that provide for monthly payments, a loan in respect of which a payment was not received 31 calendar days after the due date for payment;
(ii) in respect of loans that provide for daily or weekly payments, a loan in respect of which a payment was not received one day after the due date for payment;
(b) "donation" means any fixed asset or cash received free of any legal claim and irrespective of whether or not a co-operative bank must account for the use of the asset or cash in a specific manner; and "grant" has the same meaning;
(c) "external borrowing" includes any monies secured through a loan, excluding members' deposits, for which the co-operative bank has entered into an agreement and must repay the funds with or without interest at a later date, including a loan from the Co-operative Banks Development Agency, a higher tier co-operative bank and any member;
(d) "fixed asset" means moveable and immovable property and includes land, buildings, vehicles, furniture, fixtures and equipment;
(e) "membership share" has the meaning assigned to it in section 1 of the Co-operatives Act;
(f) "non-earning assets" means assets other than fixed assets that earn no yield or interest such as cash, non-interest bearing accounts, members collateral due to repossessions, accounts receivable, prepaid expenses and accruals;
(g) "Part" means the applicable Part of these regulations;
(h) "patronage proportion" has the meaning assigned to it in section 1 of the Co-operatives Act
(i) "related person" means—
(i) a person or member who is directly or indirectly controlled by the same person or member; and
(ii) a person or member who is so interconnected with another person or member that should one of them experience financial difficulties, one or all of them would be likely to experience a lack of liquidity;
(j) "section" means the applicable section of the Act; and
(k) "total assets" include fixed assets, non-earning assets, assets referred to in regulation 3.2 and loans.