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Bank of Namibia

Legal Frameworks

Summary

Find out more about Legal Frameworks.

Legal Frameworks

The Banking Institutions Act, 1998 (Act No. 2 of 1998, as amended) is an Act of Parliament that governs banking institutions in Namibia. The Act contains the primary laws relating to the authorisation of persons to conduct banking business. The Bank of Namibia uses the Act as a framework to supervise and regulate authorised banking institutions in order to protect the interests of the depositors. In 2010, the Banking Institutions Act, 1998 (Act No. 2 of 1998) was amended through the Banking Institutions Amendment Act, 2010 (Act No. 14 of 2010). The amendments were necessary in order to provide, amongst others:

  • Consolidated supervision;
  • The registration of controlling companies of banking institutions;
  • The opening of branches of foreign banking institutions in Namibia;
  • Power to the Bank of Namibia to object to the appointment of directors, principal officers and executive officers at banking institutions;
  • Authority to the Minister of Finance to regulate the ownership of banking institutions and their controlling companies; and
  • Power to the Bank of Namibia to determine administrative fines to address issues of non-compliance with banking laws.
 Bylaws issued under the Banking Institutions Act 1998 (as amended)

Bylaws issued under the Banking Institutions Act, 1998 as amended include the following:

Circulars

Circulars are notices issued by the Bank of Namibia for the purpose of promoting sound and prudential banking practices, in line with the Banking Institutions Act, 1998 (Act No.2 of 1998, as amended). Circulars are delivered by the Bank of Namibia to the Principal Officers of the banking institutions. Circulars are not published in the Government Gazette.


Determinations

Determinations are Gazette notices issued by the Bank of Namibia on matters required or permitted by the Banking Institutions Act, 1998 (Act No.2 of 1998, as amended). Determinations address issues that are considered necessary and expedient to determine the prudent conduct of banking business and consistency with the best standards and sound financial management.


Regulations

Regulations are Gazette notices issued by the Minister of Finance on recommendation by the Bank of Namibia on any matter required or permitted by the Banking Institutions Act, 1998 (Act No.2 of 1998, as amended).


Other Bylaws

Other by-laws are secondary laws issued by the Bank of Namibia, in line with the Banking Institutions Act, 1998 (Act No.2 of 1998, as amended), to ensure that banking business is conducted soundly and prudently, remains resilient to any kind of shock, and adheres to the best standards and practices of corporate governance. Examples of other by-laws issued by the Bank of Namibia are guidelines and public Gazette notices.


By laws issued under Bank of Namibia Act

The Directive on Minimum Reserve Requirement was issued under the Bank of Namibia Act of 1997 and the Bank of Namibia Act of 2004 (collectively known as the Bank of Namibia Act 1997, as amended).


Registration Of Building Societies

The Bank is empowered by the Building Societies Act, 1986 (Act 2 of 1986) as amended to regulate and supervise building societies. Any person who intends to register a building society must apply for authorisation in terms of section 4 of the Buidling Societies Act, 1986 (Act 2 of 1986) as amended.


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