Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 12A : Resolution of Designated Institutions

Part 1 : General provisions with respect to designated institutions

166I. Delegation of Reserve Bank's resolution functions

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(1) The Reserve Bank may, in writing—
(a) delegate any of the Reserve Bank’s resolution functions; and
(b) at any time amend a delegation in terms of paragraph (a).

 

(2) Subject to subsection (4), a delegation in terms of this section may be made to—
(a) a Deputy Governor;
(b) a staff member of the Reserve Bank;
(c) the resolution practitioner appointed for a designated institution;
(d) a financial sector regulator; or
(e) the Corporation.

 

(3) This section does not permit the Reserve Bank to delegate—
(a) a power in terms of section 166J; or
(b) the power to delegate contained in this section.

 

(4) A delegation in terms of subsection (2)(c) must be limited to resolution functions.

 

(5) A delegation in terms of this section—
(a) is subject to the limitations and conditions specified in the delegation;
(b) does not divest the Reserve Bank of responsibility in respect of the delegated power or duty; and
(c) may be revoked in writing at any time.

 

(6) Anything done by a delegate in terms of the delegation must be regarded as having been done by the Reserve Bank

 

[Section 166I inserted by section 51 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)(ii) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]