|
[接上页] (1) Where a deposit-taking company is authorized to carry on banking business or a business of taking deposits as a restricted licence bank, it shall thereupon cease to be a deposit-taking company. (2) Where a restricted licence bank is authorized to carry on banking business or a business of taking deposits as a deposit-taking company, it shall thereupon cease to be a restricted licence bank. (3) Where a bank is authorized to carry on a business of taking deposits as a deposit-taking company or as a restricted licence bank, it shall thereupon cease to be a bank. (4) The Monetary Authority may, by notice in writing served on an authorized institution, consent to the institution continuing to hold a deposit- (a) lawfully taken by the institution before the date on which subsection (1), (2) or (3) applied to the institution; (b) the holding of which on or after that date would, but for this subsection, contravene any of the provisions of section 11, 12 or 14; and (c) subject to such conditions, if any, as he may think proper to attach to the consent in any particular case, and, accordingly, if the institution continues to hold that deposit on or after that date pursuant to that consent and in accordance with those conditions, if any, then it shall be deemed not to have thereby contravened any of those provisions. (5) Without limiting the generality of subsection (4)(c), the Monetary Authority may, by notice in writing served on an authorized institution, attach to a consent given to the institution pursuant to subsection (4) such conditions (including attach by way of amending conditions already attached to such consent), or cancel any conditions attached to such consent, as he may think proper. (6) Without limiting the generality of subsection (4)(c) or (5), conditions referred to in that subsection may specify- (a) the period for which a deposit referred to in subsection (4) may be held by the authorized institution concerned; (b) the manner in which such deposit may be held or used by the institution. (7) The Monetary Authority may, by notice in writing served on an authorized institution, require the institution to submit, within such period and in such manner as are specified in the notice, such information as he may reasonably require to ascertain whether the institution is complying with any conditions referred to in subsection (4)(c) or (5) attached to a consent given to the institution pursuant to subsection (4). (8) (Repealed 4 of 1997 s. 27) (9) Every director, every chief executive and every manager of an authorized institution which contravenes any condition referred to in subsection (4)(c) or (5) attached to a consent given to the institution pursuant to subsection (4) commits an offence and is liable- (Amended 32 of 2001 s. 24) (a) on conviction upon indictment to a fine at tier 7; or (b) on summary conviction to a fine at tier 5,and, in the case of a continuing offence, to a further fine at tier 2 for every day during which the offence continues. (Amended 4 of 1997 s. 27) (10) Every director, every chief executive and every manager of an authorized institution which fails without reasonable excuse to comply with any requirement under subsection (7) commits an offence and is liable- (Amended 32 of 2001 s. 24) (a) on conviction upon indictment to a fine at tier 7 and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine at tier 3 for every day during which the offence continues; or (b) on summary conviction to a fine at tier 5 and to imprisonment for 6 months and, in the case of a continuing offence, to a further fine at tier 2 for every day during which the offence continues. (Amended 4 of 1997 s. 27)(11) Any person who signs any document for the purposes |