| (a) | fails to comply with a direction under section 7; |
| (aA) | in the completion of any questionnaire contemplated in section 1(1A)(c) or in the furnishing of any prescribed information contemplated in section 60(5) furnishes the Authority with any information which to the knowledge of such person is untrue or misleading in any material respect; or |
| (b) | contravenes or fails to comply with a provision of section 7(3), (4) or (5), 34, 35, 38(1), 39, 41, 42(1), 52(1) or (4), 53, 55, 58, 59, 60(5)(a)(i), 60(5)(b)(i), 65, 66, 67, 70(2), (2A) or (7B), 70A, 72, 73, 75, 76, 77, 78(1) or (3), 79, 80, 84(1A) or 84(2), |
[Section 91(1)(b) substituted by section 290, item 13 in Schedule 4, of Act No. 9 of 2017]
shall be guilty of an offence.
| (2) | A director or employee of a bank or controlling company who, or any company in which such director or employee has a direct interest and which— |
| (a) | accepts from any person any benefit for or in connection with any advance granted by that bank or by the bank in respect of which that controlling company is registered; or |
| (b) | otherwise than with the written consent of the Authority or at a duly advertised public auction purchases any immovable property owned by or mortgaged to that bank or the bank in respect of which that controlling company is registered, and which is sold by or at the instance of the bank in question or is sold at a judicial sale at the instance of any other person, |
shall be guilty of an offence.
| (3) | A bank which, while a shortfall referred to in section 74(3) exists in respect of its business, pays any dividends, shall be guilty of an offence. |
| (4) | Any person convicted of an offence in terms of— |
| (a) | section 1(1A)(d), 11(2), 18A(7), 22(4) or 60(5)(a)(i) or (b)(i) read with subsection (1)(b) of this section, shall be liable to a fine or to imprisonment for a period not exceeding ten years or to both a fine and such imprisonment; |
| (b) | section 17(6), 21, 22(3) or (8), 32(4)(a), 78(2), 82(3), 83(3)(a), 84(1A), 84(8) or subsection (1), (2) or (3) of this section (excluding the offence in terms of subsection (1)(b), referred to in paragraph (a)), shall be liable to a fine or to imprisonment for a period not exceeding five years or to both fine and such imprisonment; |
[Section 91(4)(b) substituted by section 11 of the Financial Sector Laws Amendment Act, 2021 (Act No. 23 of 2021), Notice No. 789, GG45825, dated 28 January 2022- effective 24 March 2023 per Commencement Notice No. 3202, GG48294, dated 24 March 2023]
| (c) | [Section 91(4)(c) deleted by section 290, item 13(b) in Schedule 4, of Act No. 9 of 2017] |
| (5) | Any person who accepts any benefit in contravention of the provisions of subsection (2)(a), shall pay to the bank concerned the amount or value of such benefit. |
| (6) | [Section 91(6) deleted by section 290, item 13(c) in Schedule 4, of Act No. 9 of 2017] |
| (6A) | [Section 91(6A) deleted by section 290, item 13(c) in Schedule 4, of Act No. 9 of 2017] |
| (7) | [Section 91(7) deleted by section 290, item 13(c) in Schedule 4, of Act No. 9 of 2017] |
