Banking Act · 2024 Revised Edition · Part 7
66. Notices to banks
Official textFrom Attorney General's Chambers, unchanged
The Authority may, if it appears to the Authority to be necessary or expedient in the public interest or the interest of the banking system, by notice in writing to banks give directions or impose requirements on or relating to the operations and activities of and standards to be maintained by banks.
Authority
“Authority” means the Brunei Darussalam Central Bank established by the Brunei Darussalam Central Bank Order, 2010;
Without prejudice to the generality of subsection (1), any notice under that subsection may be given in respect of —
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the revaluation of the assets of banks;
the maintenance of credit files of borrowers and the grading of loans;
the prohibition or control of the sale of commemorative coins or medals;
the deposit of specified securities with authorised depositaries;
the issue of Brunei Darussalam dollar negotiable certificates of deposit;
prior notification to the Authority of changes in interest rates and minimum lending rates of banks;
restrictions on the granting of Brunei Darussalam dollar credit facilities in whatever form or by whatever means to residents of
Brunei Darussalam where such facilities are to be used outside
Brunei Darussalam, or to non-residents;
the appointment of directors, chief and deputy chief executive officers and other principal officers of a bank;
the maintenance of a register of dealers of a bank;
the terms and conditions for the operation of a bank’s current and other accounts with the Authority;
the manner in which a bank conducts its dealings with its customers, the procedures for the reporting of transactions between a bank and its employees, and conflicts of interest involving a bank and its employees or involving a bank and its customers;
the maximum aggregate permissible percentage holdings by any class, category or description of persons of interests in shares of a bank incorporated in Brunei Darussalam;
the limits of the total amount of foreign exchange transactions which a bank incorporated in Brunei Darussalam may undertake and for this purpose the limits may be applied uniformly to all such banks or separate limits may be determined for any particular
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bank incorporated in Brunei Darussalam or for two or more of such banks;
the opening of new branches of a bank and the change of location of any place of business of a bank;
the installation of automated teller machines by a bank;
the provision for and the writing-off of bad debts;
any audit of a Brunei Darussalam branch of a bank by an internal auditor from its head office which is outside
Brunei Darussalam;
the forms, returns and submissions of statistics for the purposes of this Act.
Every bank shall comply with any direction given or requirement imposed by any notice under this section.
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;
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;
credit facilities
Defined · s 2“credit facilities” means — (a) the granting of advances, loans and other facilities whereby a customer of the bank has access to funds or financial guarantees; or (b) the incurring by a bank of other liabilities on behalf of the customer;
place of business
Defined · s 2“place of business”, in relation to a bank, includes a head or main office, a branch, an agency, a mobile branch of the bank, any office established and maintained for a limited period only and any other place used by the bank for the dispensing or acceptance of money on account or for the conduct of other banking business;
Part
Overseas Branches and Representative Offices of Domestic Banks
Part
Unclaimed Balances
Part
Invitations to Make Deposits
Part