2010-08-17

Regulations Relating to Fees Payable to Bank of Namibia

The Namibian Ministry of Finance has promulgated regulations under the Banking Institutions Act of 1998 to standardize fee obligations for authorized banking institutions. The framework establishes fixed application and authorization charges, calculates annual fees at 0.001 percent of total non-bank deposit funds with a N$20,000 floor, and authorizes payments via cheque or electronic transfer through the Namibia Inter-bank Settlement System. Furthermore, the rules impose a 10 percent monthly penalty for overdue amounts and formally repeal previous fee notices effective 31 December 2010.

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GOVERNMENT GAZETTE

OF THE

REPUBLIC OF NAMIBIA

N$5.40 WINDHOEK - 1 December 2009 No. 4386

CONTENTS

Page
GOVERNMENT NOTICES
No. 229Windhoek Town Planning Amendment Scheme No. 89: Town Planning Ordinance, 1954................2
No. 230Ongwediva Town Planning Amendment Scheme No. 4: Town Planning Ordinance, 1954 ...............2
No. 231Notice of intended amendment of tariff of consulting fees chargeable by Professional Engineers and Incorporated Engineers: Engineering Profession Act, 1986 ........................................................3
No. 232Minimum fees chargeable by Architects and Quantity Surveyors: Architects and Quantity Surveyors' Act, 1979 .................................................................................................................................3
No. 233Alteration of boundaries of the Local Authority Area of Opuwo: Local Authorities Act, 1992 ..........4
No. 234Regulations relating to fees payable to Bank of Namibia: Banking Institutions Act, 1998 ...............5
No. 235Aliens Act, 1937: Change of surname .............................................................................................6
GENERAL NOTICES
No. 320Municipality of Grootfontein: Notice of vacancy in the membership of the Local Authority Council7
No. 321Notice of vacancy in the membership of Otavi Village Council ........................................................7
No. 322Swakopmund Town Planning Amendment Scheme No. 40 ...............................................................8
No. 323Ongwediva Town Planning Amendment Scheme No. 5 ...................................................................8
No. 324Municipal Council of Windhoek: Rental tariffs for the Khomasdal Market ......................................8
No. 325Permanent closure of Portion A of Erf 1847, Mondesa Extension 3, as a street ..............................9
No. 326City of Windhoek: Permanent closure of Portion A of Brug Street, Katutura as street (The portion is 801m² in extent, and will be donated to the owner of Erf 9674, Katutura for consolidation purposes) .................................................................................................................................9
No. 327City of Windhoek: Permanent closing of Portion A of the remainder of Erf 3081 Windhoek as puplic open space, (The portion is approximately 1 583m² in extent). The portion will be sold to the owner of the remainder of Erf 2923, 4 Sauer Street Windhoek for consolidation purpose .................10

No. 4386 Government Gazette 1 December 2009 5

MINISTRY OF FINANCE

No. 234 2009

REGULATIONS RELATING TO FEES PAYABLE TO BANK OF NAMIBIA: BANKING INSTITUTIONS ACT, 1998

Under section 71 of the Banking Institutions Act, 1998 (Act No. 2 of 1998), on the recommendation of the Bank of Namibia, I have, with effect from 31 December 2010.

(a) made the regulations set out in the Schedule; and

(b) repealed General Notice No. 75 of 1 April 1998.

S. KUUGONGELWA-AMADHILA MINISTER OF FINANCE Windhoek, 12 October 2009

SCHEDULE

Definitions

1. In these regulations a word or expression defined in the Act has the same meaning, and -

"NISS" means Namibia Inter-bank Settlement System as defined in the Directive on the Conduct of EFT Transactions within the National Payment System (PSDIR -1 ) issued under the Payment System Management Act, 2003 (Act No. 18 of 2003); and

"the Act" means Banking Institutions Act, 1998 (Act No. 2 of 1998);

Fees payable in respect of applications, authorizations and approvals

2. The fees payable to the Bank are -

(a) for an application for authorization to establish ................................................. N$10 000; a banking institution in terms of section 10

(b) for an authorization fee in terms of section 11(6) ................................................. N$5 000;

(c) for an application for approval of a representative ................................................. N$5 000. office in terms of section 19

Annual fees payable by authorised banking institutions

3. (1) The annual fees payable by an authorized banking institution to the Bank in terms of section 13(1) is an amount equivalent to 0.001% of the banking institution's total non-bank deposit funds as at December of the previous year, rounded up to the nearest dollar, irrespective of the number of branches of such banking institution.

(2) The minimum annual fees payable by any banking institution is N$20 000.

(3) A banking institution authorized after 31 January of any year to conduct banking business must, before the last day of the month during which it is so authorized and in respect of the period ending on 31 January of the following year, pay to the Bank an annual fee calculated in accordance with the following formula:


6 Government Gazette 1 December 2009 No. 4386

M/12 x N$20,000

in which formula "M" represents the number of full months remaining up to 31 January of the following year, calculated from the date upon which the banking institutions was so authorized.

Methods of payment of fees

4. (1) Fees payable in accordance with these regulations must be paid to the Bank at its head office in Windhoek, and may be paid by cheque, postal order, money order, or electronic transfer through the NISS, made out in favour of or payable to the Bank, and no amounts so paid are refundable.

(2) In case of payments made by electronic transfer through the NISS, banking institutions must inform and submit proof of such payments to the Bank on or before 31 January of each year as prescribed by section 13(1) of the Act.

Penalty for late payment of fees

5. The penalty payable in terms of section 13(4) of the Act, in respect of every month or part thereof which the annual fees remain unpaid, must be calculated at a rate equal to 10% of the total annual fees payable by the banking institution concerned, and calculated from the final date upon which such annual fees became payable up to the date of the actual payment thereof.