Banking Act · 2024 Revised Edition · Part · Reserve Funds, Dividends, Balance Sheets and Information
31. Disclosure of interest by directors
Official textFrom Attorney General's Chambers, unchanged
Every director of a bank who has in any manner whatsoever, whether directly or indirectly, an interest in an advance, loan or credit facility, or proposed advance, loan or credit facility from that bank shall, as soon as practicable, send a declaration in writing of the nature of the interest to the secretary of the bank and the secretary shall cause that declaration to be circulated forthwith to all the directors.
director
“director” includes any person occupying the position of director of a company, whatever the title of his office, and includes a person in accordance with whose directions or instructions the directors of a company are accustomed to act and an alternate or substitute director;
Banking 40
The requirements of subsection (1) do not apply in any case where —
the interest of the director consists only of being a member or creditor of an institution which is interested in an advance, loan or credit facility or proposed advance, loan or credit facility from that bank; and
the interest of the director may properly be regarded as of a trivial nature.
For the purposes of subsection (1), a general notice given to the board of directors of a bank by a director to the effect that he is an officer or member or a particular institution and is to be regarded as having any interest in any advance, loan or credit facility which, after the date of the notice, may be made to that institution is deemed to be a sufficient declaration of interest in relation to any advance, loan or credit facility so made if —
bank
“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;
it specifies the nature and extent of his interest in that institution;
his interest is not different in nature or greater in extent than the nature and extent so specified in the notice at the time any advance, loan or credit facility is made; and
it is given at a meeting of the directors of the bank or the director takes reasonable steps to ensure that it is declared at the next meeting of the directors after it is given.
Every director of a bank who holds any office or possesses any property whereby, whether directly or indirectly, duties or interest might be created in conflict with his duties or interest as director shall declare at a meeting of the directors of that bank the fact and the nature, character and extent of the conflict.
The declaration referred to in subsection (4) shall be made at the first meeting of the directors held —
after he becomes a director of the bank; or
if he is already a director, after he commences to hold the office or to possess the property, as the case may be.
Banking
Where any declaration is made under subsection (1) or (4), the secretary of the bank shall cause the declaration (if not actually made at the meeting) to be read at the next meeting of the directors after it is so made and shall record each such declaration in the minutes of the meeting at which it is made or read.
Any director who is in contravention of subsection (1) or (4) is guilty of an offence and liable on conviction to a fine not exceeding $150,000, imprisonment for a term not exceeding 3 years or both.
Terms defined in s 2
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;
director
Defined · s 2“director” includes any person occupying the position of director of a company, whatever the title of his office, and includes a person in accordance with whose directions or instructions the directors of a company are accustomed to act and an alternate or substitute director;
officer
Defined · s 2“officer”, in relation to a company, includes — (a) a director, the secretary or an employee of the company; (b) a receiver or manager of any part of the undertaking of the company appointed under a power contained in any instrument; and (c) the liquidator of the company appointed in a voluntary winding up;
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