Banks Act, 1990 (Act No. 94 of 1990)

Chapter IX : General Provisions

86. Inspection, copies and keeping of documents

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(1)Any person may upon payment of the prescribed fee—
(a)inspect any document specified in subsection (2) and kept by the Authority in terms of this Act;
(b)obtain a certificate from the Authority as to the contents or any part of the contents of any such document; or
(c)obtain a copy of or extract from any such document.

 

(2)The documents referred to in subsection (1) are—
(a)certificates of provisional or final registration or of the registration of an alteration of the memorandum of association or articles of association applied for in terms of the Companies Act, 1973 (Act No. 61 of 1973), or of the memorandum of incorporation or of a change of name of banks and of controlling companies;

[Section 86(2)(a) substituted by section 43 of Act No. 22 of 2013]

(b)memorandums of association and articles of association approved under the Companies Act, 1973 (Act No. 61 of 1973), or memorandums of incorporation of banks and of controlling companies; and

[Section 86(2)(b) substituted by section 43 of Act No. 22 of 2013]

(c)returns and copies of notices, reports, returns, statements or minutes lodged with the Authority in terms of section 59, 65 or 75, excluding any return or statement so lodged by means or under cover of a prescribed form which, in terms of the regulation prescribing it, is to be treated as confidential and not available for inspection by the public.

 

(3)The Authority shall keep the documents specified in paragraph (c) of subsection (2) for a period of at least 10 years: Provided that the Authority shall not be required to keep the said documents which relate to a bank or a controlling company of which the registration has lapsed or been cancelled, for a period longer than five years as from the date of termination of such registration.

 

(4)If the Authority is of the opinion that a person requires an inspection or any certificate, copy or extract referred to in subsection (1) to promote any public interest, the Authority may exempt that person from the obligation to pay the prescribed fee in respect of such inspection, certificate, copy or extract.

[Section 86(4) substituted by section 61 of Act No. 19 of 2003]