Section 19L: Directions by regulatory body
This section is inserted by Act No 9 of 2019, section 10.
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.
19L. Directions by regulatory body
(1) Where a regulatory body has reasonable cause to
believe that a member falling under its purview –
(a) has failed or is failing to take such
174 Acts 2019
measures as are required under this Act
or the United Nations (Financial
Prohibitions, Arms Embargo and
Travel Ban) Sanctions Act 2019, 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,
the regulatory body may give the member such written
direction as it may, in the circumstances, determine.
(2) Without prejudice to the generality of
subsection (1), the regulatory body may direct the member
referred to in subsection (1) –
(a) where he has failed or is failing to take
such measures as are required under this
Act or the United Nations (Financial
Prohibitions, Arms Embargo and
Travel Ban) Sanctions Act 2019, 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 2019, or any regulations made or
guidelines issued under those Acts, which
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 his management or conduct of
his business, except as permitted by the
regulatory body;
Acts 2019 175
(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.
(4) A direction under this section may specify the time
by which, or period during which, it shall be complied with.
(5) A member referred to in subsection (1) who
has been given a direction shall comply with the direction
notwithstanding anything in its constitution or any contract or
arrangement to which it is a party.
(6) The regulatory body shall not give a direction
under this section before giving the member to whom it is
to be addressed reasonable opportunity to make written
representations on the matter.
(7) The regulatory body may revoke a direction
under this section at any time by notice to the member.
Ask juris about this section Official source
Questions this section answers
- Can a regulatory body order me to remove an employee from my business?
- Do I get a chance to respond before a regulatory body gives me a direction?