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Banking Act, 2006

Topic Serial # Content Case Law
 

PREAMBLE

 
0 PREAMBLE
 

PRELIMINARY

 
1 Short Title and Date of Operation
2 Definitions
3 Application of Companies Ordinance, 1984
4 General powers, functions and duties of State Bank
5 This Act to override constituent documents, memorandum, articles etc
6 Reports by State Bank to Federal Government
7 Power of State Bank to specify form and manner of keeping or maintaining books, accounts and records
8 Electronic filing of information, documents or returns
9 Amendment of Schedules
 

PART II

 
 

LICENSING OF BANKS

 
10 Prohibition to carry on banking business without license
11 Provisions in relation to banking licenses
12 Application for a banking license
13 Requirement for supplemental information relating to an application made under section 12
14 Approval or rejection of application
15 Power to impose new restrictions or conditions and to vary or revoke restrictions or conditions imposed on license
16 Cancellation of license
17 Publication of list of banks
18 Annual license fees
 

PART III

 
 

BUSINESS OF BANKS

 
19 Forms of business which banks may engage in
20 Prohibition of the words “bank”, “banking”, “banker”, “Islamic bank”, or any of their derivatives
21 Changes in memorandum and articles of banks
22 Restrictions on carrying on of trade
23 Advertisement for deposits
24 Unsolicited calls
25 Fraudulent inducement in relation to deposits No person shall
26 Co-operation and co-ordination between State Bank and Securities and Exchange Commission of Pakistan
 

PART IV

 
 

PROVISIONS IN RELATION TO BANKS CARRYING ON BUSINESS BASED ON SHARIAH PRINCIPLES

 
27 Requirements for carrying on business that conforms to Shariah principles
28 Report of Shariah adviser etc
29 Shariah Board
30 Relationship between a bank and its customers in relation to transactions or arrangements that are in conformity with Shariah principles
31 Publication of a list of banks which carry on business in any of the ways described in subsection (1) of section 27
32 Tax neutrality of transactions or arrangements which conform to the principles of Shariah
 

PART V

 
 

OWNERSHIP, CONTROL AND MANAGEMENT OF BANKS

 
33 Prior approval of State Bank for acquisition of substantial interest in a bank
34 Prior approval of State Bank for acquisition of qualifying holdings in a domestic bank
35 Dis -application
36 Regulations on maximum permissible holdings in domestic banks
37 Power of State Bank in respect of contravention of section 33, section 34 and section 35 and any regulations made there-under
38 Board of Directors and Audit Committee
39 FIT AND PROPER CRITERIA
40 Appointment, election and nomination of directors of domestic banks
41 Appointment of chief executive of a bank
42 Prohibition of common directors
43 Removal of directors or chief executive
44 Disclosure of Interests
45 Prohibition of employment of managing agents and restrictions on certain forms of employment
46 Liability of directors, chief executive and officers
47 Prosecution of directors, chief executive and officers
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