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In force2020 Revised Edition

Part 3 · Reserve Funds, Dividends, Balance Sheets and Information

18. Maintenance of reserve fund by finance companies

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(1)

Every finance company must —

(a)

maintain a reserve fund;

(b)

transfer to that reserve fund out of the net profits of each year, after due provision has been made for taxation —

(i)

so long as the amount of the reserve fund is less than 50% of the paid‑up capital, a sum of at least 50% of those net profits;

(ii)

so long as the amount of the reserve fund is at least 50% but less than 100% of the paid‑up capital, a sum of at least 25% of those net profits; and

(iii)

so long as the amount of the reserve fund is 100% or more of the paid‑up capital, a sum of at least 5% of those net profits.

(2)

Any finance company which fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine of $2,000 for every day during which the offence continues after conviction.

Report

Part 4

Regulation of Business

Part 5

Minimum Liquid Assets

Part 6

Inspection and Control of Finance Companies

Part 6A

Voluntary Transfer of Business

Part 7

Submission of Financial Statements and Duties of Auditors

Part 8

Miscellaneous