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

Regulations

Regulations relating to Banks

Chapter III : Corporate Governance

39. Process of corporate governance

Subregulations (1) and (2)

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(1)The board of directors of a bank is ultimately responsible for ensuring that an adequate and effective process of corporate governance, which is consistent with the nature, size, complexity and risk inherent in the bank’s on-balance sheet and off-balance sheet activities and that appropriately responds to changes in the bank’s environment and conditions, is established and maintained, provided that the board of directors may appoint supporting committees to assist it with its respective responsibilities.

[Regulation 39(1) substituted by section 4(a) of Notice No. 2900, GG47789, dated 23 December 2022- Effective 1 January 2023]

 

(2)The process of corporate governance referred to in subregulation (1) includes the maintenance of effective risk management, capital management and liquidity management by a bank.

[Regulation 39(2) substituted by section 4(b) of Notice No. 2900, GG47789, dated 23 December 2022- Effective 1 January 2023]