Section 79E: Directions by Registrar
This section is inserted by The Finance Act 2025, section 10.
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
79E. Directions by Registrar
(1) Where the Registrar has reasonable cause to believe that a
credit union –
(a) has failed or is failing to take such measures required
under this Act or the United Nations (Financial
Prohibitions, Arms Embargo and Travel Ban) Sanctions
Act, or any regulations made or guidelines issued under
those Acts; or
(b) is involved in money laundering activities and the
financing of terrorism and proliferation activities,
he may give to the credit union such written direction as he may, in the
circumstances, determine.
(2) Without prejudice to the generality of subsection (1), the
Registrar may direct the credit union referred to in subsection (1) –
(a) where it has failed or is failing to take any measures
required under this Act or the United Nations (Financial
Prohibitions, Arms Embargo and Travel Ban) Sanctions
Act, or any regulations made or guidelines issued under
those Acts, to do a specified act, or refrain from doing a
specified act;
(b) to comply with this Act or the United Nations (Financial
Prohibitions, Arms Embargo and Travel Ban) Sanctions
Act, or any regulations made or guidelines issued under
those Acts, as may be relevant to the circumstances;
(c) to remove or take steps to remove any specified
employee from office, or ensure that a specified
employee does not take part in its management or
conduct of its business, except as permitted;
(d) to appoint a specified person to a specified office for a
period specified in the direction;
(e) to implement corrective measures and provide, at such
intervals as may be specified in the direction, reports on
the implementation of the corrective measures.
(3) A direction under this section may specify the time by which, or
period during which, it shall be complied with.
(4) A credit union shall comply with the direction given under
subsection (2) notwithstanding anything in its constitution or any contract or
arrangement to which it is a party.
(5) The Registrar shall not give a direction under this section before
giving the credit union to whom it is to be addressed reasonable opportunity to
make representations on the matter.
(6) The Registrar may, at any time, by notice to a credit union,
revoke a direction given under this section.
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Questions this section answers
- Must my credit union be given a chance to respond before the Registrar issues a direction?
- Can the Registrar direct my credit union to remove an employee from office?