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Inspection of Financial Institutions Act, 1998 (Act No. 80 of 1998)

4. Powers of inspectors relating to institutions

 

 

1) In carrying out an inspection of the affairs of an institution under section 3 or 3A an inspector may—
a)
(i) summon any person who is or was a director, employee, partner, member, trustee or shareholder of the institution and whom the inspector believes is in possession of or has under his or her control, any document relating to the affairs of the institution, to lodge such document with the inspector or to appear at a time and place specified in the summons to be examined or to produce such document and to examine or, against the issue of a receipt, to retain any such document for as long as it may be required for purposes of the inspection or any legal or regulatory proceedings;
(ii) administer an oath or affirmation or otherwise examine any person who is or formerly was a director, employee, partner, member or shareholder of the institution;
b) at any time without prior notice enter and search any premises occupied by the institution and require the production of any document relating to the affairs of that institution;
c) cause to be opened any strongroom, safe or other container in which he or she reasonably suspects any document of the institution is kept;
d) examine and make extracts from and copies of any document of the institution or, against the issue of a receipt, remove such document temporarily for that purpose;
e) against the issue of a receipt, seize any document of the institution if the inspector is of the opinion that the document contains information relevant to the inspection;
f) retain any seized document for as long as it may be required for any criminal or other proceedings.

[Subsection 1 amended by section 149(a), (b), (c) and (d) of Act No. 45 of 2013]

 

2) An institution or its authorised representative may, during normal office hours, examine, copy and make extracts from any document seized or retained from the institution under subsection (1)(a) or (e), under the supervision of the registrar or an inspector.

[Subsection 2 amended by section 149(e) of Act No. 45 of 2013]