| (1A) | The Reserve Bank may, in writing, appoint a person as an investigator to conduct an investigation into the business, trade, dealings, affairs or assets and liabilities— |
| (b) | if the appointment so provides, of one or more companies in the group of companies of which the designated institution is part, |
before the designated institution was placed in resolution, and may appoint any person to assist the investigator in carrying out the investigation.
[Section 134(1A) inserted by section 49(a) of the Financial Sector Laws Amendment Act, 2021 (Act No. 23 of 2021), Notice No. 789, GG45825, dated 28 January 2022- effective 1 June 2023 per (b)(i) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]
| (2) | A person appointed as an investigator must— |
| (b) | not have any conflict of interest in respect of the subject matter of the investigation; and |
| (c) | have appropriate skills and expertise. |
(3)
| (a) | The financial sector regulator must issue an investigator appointed in terms of subsection (1) with a certificate of appointment. |
| (b) | The Reserve Bank must issue an investigator appointed in terms of subsection (1A) with a certificate of appointment. |
| (c) | When an investigator exercises any power or performs any duty in terms of this Act, the investigator must— |
| (i) | be in possession of a certificate of appointment; and |
| (ii) | produce the certificate of appointment at the request of any person in respect of whom such power is being exercised. |
[Section 134(3) substituted by section 49(b) of the Financial Sector Laws Amendment Act, 2021 (Act No. 23 of 2021), Notice No. 789, GG45825, dated 28 January 2022- effective 1 June 2023 per (b)(i) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]
