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Financial Institutions (Protection of Funds) Act, 2001 (Act No. 28 of 2001)

Board Notices

Guidelines on the Conduct of Curators

5. Investors

 

(1) A curator must maintain updated contact details of investors.

 

(2) A curator must keep the body of investors informed of the affairs of the curatorship by informing them when reports as envisaged in paragraphs 7 and 8 of these Guidelines are available on the web site of the curator or that of the registrar; provided that the curator must timeously respond to individual enquiries from investors regarding their specific interests not dealt with in the reports.

 

(3) Information contained in a report to the registrar may for purposes of publication on the web site, with the registrar's consent, be limited or omitted if publication of the information may prejudice legal or criminal proceedings against any person.

 

(4) The curator may, subject to subparagraph (5), publish on the curator's web site such information as may be of interest to investors as was not specifically dealt with in the reports referred to in subparagraph (2).

 

(5) A curator must preserve, or aid in preserving, the confidentiality of information obtained in the performance of the curator's functions, except—
(a) to the extent that a court of law may order disclosure;
(b) for the purposes of legal proceedings; or
(c) insofar as disclosure may be necessary to perform the functions of a curator, including the need to communicate relevant information to investors.

 

 


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