Co-operative Banks Act, 2007 (Act No. 40 of 2007)

Chapter III : Prudential Requirements and Large Exposures

23. Large exposures of co-operative bank

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(1)A co-operative bank may not, without the approval of the Authority
(a)make an investment with any one person or grant a loan to any one member, which investment or loan, alone or together with all existing investments or loans made or granted to that person or member, will exceed such percentage of its total investments or loans as may be prescribed by the Minister; or
(b)hold a deposit from any one member or related person, which deposit, alone or together with all existing deposits received from that member or related person will exceed such percentage of its total deposits as may be prescribed by the Minister.

[Section 23(1) amended by section 241 of Act No. 45 of 2013]

 

(2)The Authority may, when approving a deposit, loan or investment referred to in subsection (1), impose prudential requirements on the co-operative bank in addition to those referred to in section 20.

[Section 23(2) amended by section 241 of Act No. 45 of 2013]

 

(3)For the purposes of subsection (1) the following loans or investments must be regarded as a single loan or investment:
(a)Loans or investments to more than one persons or members who are directly or indirectly controlled by the same person or member; and
(b)loans or investments to more than one persons or members who are so interconnected that should one of them experience financial difficulties, another one or all of them would be likely to experience a lack of liquidity.