Section 28: Limitation on advances or credits
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
28. Limitation on advances or credits
(1) No bank or non-bank deposit taking institution shall—
(a) grant any advance or credit against the security of its own
shares;
(b) grant to, or permit to be outstanding from, its officers or employees unsecured advances or unsecured credit which, in the
aggregate and in relation to any officer or employee, exceed the
annual emoluments of that officer or employee; or
(c) grant credits to, or permit to be outstanding from, or purchase
securities issued by or the assets of, an affiliate in an amount
which exceeds such maximum limit as may be determined by
the central bank.
(2) The central bank may determine the maximum limits of credits and
off-balance sheet commitments, which a bank or non-bank deposit taking
institution may grant to a related party and to all related parties.
(3) Any transaction with any related party involving credit, or off balance
sheet commitments and the acquisition of securities and other assets shall
be made on substantially the same terms, including interest rates and collateral required, as those prevailing at the time for comparable transactions
with other persons and may not involve more than the normal risk of repayment or present other unusual features.
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Banking Act
(4) The central bank may issue guidelines governing related party transactions including limitation on such transactions, their approval process and
their public disclosure.
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Questions this section answers
- Can a bank lend money against the security of its own shares?
- Can a bank give its employees unsecured loans bigger than their annual salary?