Namibia Government Gazette dated 2009-06-23 number 4284

GOVERNMENT GAZETTE
OF THE

REPUBLIC OF NAMIBIA
N$2.00

WINDHOEK - 23 June 2009

No. 4284

CONTENTS

Page

GENERAL NOTICE
No. 100

Declaration on the Conduct of Activities that are deemed to be the acceptance of deposits from the
public ....................................................................................................................................................

________________

1

General Notice
BANK OF NAMIBIA
No. 100

2009

DECLARATION ON THE CONDUCT OF ACTIVITIES THAT ARE DEEMED TO
BE THE ACCEPTANCE OF DEPOSITS FROM THE PUBLIC
Notice is hereby given to the public, in terms of paragraph (d) of the definition of “receiving funds
from the public” under section 1 of the Banking Institutions Act, 1998 (Act No. 2 of 1998), that
the issuance of certain classes of preference shares shall be deemed to fall within the meaning
of “receiving of funds from the public”, for the purpose of ascertaining if a person is conducting
banking business.
1.

Definitions

Terms used in this Notice are as defined in the Banking Institutions Act, 1998 (BIA), except where
expressly defined hereunder, or as reasonably implied by the contextual usage.
“Public”

refers to any person or entity, other than a banking institution, statutory
body, or other institutions referred to under section 2(2) of the BIA.

“Debt Instruments”

Debt instruments as defined under section 1 of the BIA includes debentures
as defined in section 1(1) of the Companies Act, or any other security or
document issued by any entity, evidencing or acknowledging the liability