Last Updated: 24 June 2022

[BANK 56] Application of certain provisions of the Companies Act 201556 

56
(1) Sections 473, 479, 480 and 487–489 of the Companies Act 2015 shall apply to a licensed financial institution that is subject to controllership under this Act in all respect, and with such modifications as may be necessary, as if—
  • (a)the licensed financial institution were a company being wound up under that Act; and
  • (b)the controller of the licensed financial institution was the liquidator of the company; and
  • (c)the date on which the licensed financial institution became subject to controllership was the date of commencement of the winding-up.

[subs (1) am Act 31 of 2016 s 14, effective 1 December 2016]

(2) Subject to subsection (3), all the provisions of the Companies Act 2015 and all rules and regulations under that Act shall, so far as they are applicable, and with the necessary modifications, apply to a licensed financial institution that is subject to controllership.
(3) Nothing in sections 24, 153, 170 to 173, 388, 390 to 392, 397, 400 to 411, 420 to 427 and 441 to 453 of the Companies Act 2015 shall apply to a licensed financial institution that is subject to controllership.

[subs (3) am Act 31 of 2016 s 14, effective 1 December 2016]