Banking Act · 2024 Revised Edition · Part · Licensing of Banks
15. Objection to new or increased control
Official textFrom Attorney General's Chambers, unchanged
Where a person has served a notice on the Authority under section 14(1) then, unless the Authority is satisfied, having regard to the need to ensure the sound and prudent management of the bank in question, that that person is a fit and proper person to become a controller of the description in question, the Authority may serve on that person a notice of objection under this section.
Authority
“Authority” means the Brunei Darussalam Central Bank established by the Brunei Darussalam Central Bank Order, 2010;
Where a person required to serve a notice under section 14(1) in relation to his becoming a controller of any description becomes such a controller without having served notice on the Authority as so required, then, at any time within 3 months after becoming aware of his having done so, the Authority may serve on him a notice of objection under this section if, had notice been served on it under section 14(1), it would have done so.
For the purpose of deciding whether to serve notice of objection on any person by virtue of subsection (2), the Authority may by notice in writing require the person concerned to provide such information or documents as it may require.
Where the reasons stated in a notice of objection under this section relate specifically to matters which —
refer to a person identified in the notice, other than the person on whom it is served; and
are in the opinion of the Authority prejudicial to that person in relation to any office of employment, then, unless it considers it impracticable to do so, the Authority shall serve a copy of the notice of objection on that person.
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A notice of objection under this section —
shall specify the reasons why the Authority is not satisfied as mentioned in subsection (1); and
shall give particulars of the right of appeal under subsection (6).
A person aggrieved by the service of a notice of objection under this section (or a copy of such notice) may, within 28 days of that service, appeal to the Minister, whose decision is final.
Terms defined in s 2
Authority
Defined · s 2“Authority” means the Brunei Darussalam Central Bank established by the Brunei Darussalam Central Bank Order, 2010;
bank
Defined · s 2“bank” means a company which carries on banking business and holds a licence granted under section 4 or 23, and includes all branches and offices in Brunei Darussalam of any such company for the purposes of this Act;
Part
Reserve Funds, Dividends, Balance Sheets and Information
Part
Prohibited Business
Part
Minimum Assets Requirements
Part 7
Part
Overseas Branches and Representative Offices of Domestic Banks
Part
Unclaimed Balances
Part
Invitations to Make Deposits
Part