CHAPTER 398 - MONEY-LENDERS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Money-lenders (Application for License) Regulations
Money-lenders (Application for Certificate) Regulations
Money-lenders (Bodies Corporate) (Exemption) Order
MONEY-LENDERS (APPLICATION FOR LICENSE) REGULATIONS
[Section 3]
Arrangement of Regulations
Regulation
1. Title
2. Method of application
[Regulations by the Minister]
GN 76 of 1938,
GN 279 of 1964.
These Regulations may be cited as the Money-lenders (Application for License) Regulations.
An applicant for a money-lender's license shall send to the Permanent Secretary by registered post the certificate authorising the grant to him of a license or, if he so desires, he may attend personally at the office of the Permanent Secretary and produce the said certificate. On payment of the prescribed fee and if satisfied that the certificate is in order, the Permanent Secretary shall issue license to the applicant. Such license shall be in the form set out in the Schedule.
[Am by Act 279 of 1964.]
[Regulation 2]
THE MONEY-LENDERS ACT
THE MONEY-LENDERS (APPLICATION FOR LICENSE) REGULATIONS
LICENSE
[Section 3]
Fee Paid ................................................................
.............................................................................................. is hereby licensed to carry on business as a money-lender at .............................................................................................under the name or style of.............................................................
This license shall expire on the 31st December, 20................
.........................................................................
Permanent Secretary, Ministry of Finance
LUSAKA
Date.....................................................
[Am by Act 279 of 1964.]
MONEY-LENDERS (APPLICATION FOR CERTIFICATE) REGULATIONS
{mprestriction ids="2,3,5"}
[Section 4]
Arrangement of Regulations
Regulation
1. Title
2. Form to be lodged with court
3. Steps to be taken by applicant
4. Certificate
5. Police may oppose application
6. Applications by partners
[Regulations by the Minister]
GN 77 of 1938,
SI 10 of 1964,
SI 5 of 1965.
These Regulations may be cited as the Money-lenders (Application for Certificate) Regulations.
2. Form to be lodged with court
Any person intending to apply for a certificate under section 4 of the Act (hereinafter referred to as "a certificate") shall lodge with the court having competent jurisdiction in the district in which the applicant intends to carry on business a statement in Form 1 in the Schedule.
3. Steps to be taken by applicant
When a time has been fixed for the hearing of the application, such person–
(a) shall serve personally or by registered post, not less than two weeks before the date fixed for the hearing of the application, a copy of the statement referred to in regulation 2 upon the officer in charge of the police for the district wherein the premises to which the application will relate are situate, or if there be no such officer, upon the Inspector General of Police, and shall at the same time inform him in writing of the date fixed for the hearing of the application;
(b) shall, unless the application relate merely to a renewal of a certificate, publish, on a date not more than four weeks nor less than two weeks before the date fixed for the hearing of the application, a notice in the Gazette and such notice shall set forth his true name, the name in which and the address at which he desires to be authorised to carry on business as a money-lender, and the court and time at which the application is to be heard;
(c) shall attend in person the court in which the statement has been lodged, and may be called upon to answer on oath such questions as the court may think necessary.
The court after hearing objections, if any, shall, if satisfied that no good grounds exist for refusing the certificate for which application has been made, issue a certificate in Form 2 in the Schedule.
5. Police may oppose application
A police officer not below the rank of Sub Inspector may, acting on the general or special instructions of the Inspector General of Police or on information received, by appearance in person before the court in which the application is being made, oppose the grant of a certificate.
[Am by SI 10 of 1964; 5 of 1965.]
Applications for certificates by two or more partners in a firm shall be made on the same day unless the court otherwise allows.
PRESCRIBED FORMS
MONEY-LENDERS ACT
MONEY-LENDERS (APPLICATION FOR CERTIFICATE) REGULATIONS
FORM 1
[Regulation 2]
STATEMENT
1. The name of applicant. (If the applicant is a company, the name of the company should be stated here.)
2. Private address of applicant, or, in the case of a company, the registered address of the company.
3. Name under which it is desired to carry on business as a money-lender.
4. Address at which it is desired to carry on business. The address to be entered is the address of the head office or branch in respect of which the application is being made. A separate application to the appropriate court must be made in respect of each branch.
5. True names and addresses of partners, if any.
6. Name of person or persons (other than owners or partners) responsible or proposed to be responsible for the management of the business. In the case of a company, the names of the directors, treasurer and secretary should be given.
7. Date of any previous certificate under the Money-lenders Act, and name and address authorised by such certificate.
8. If registered under the Registration of Business Names Act, date of registration and name and address under which registered.
9. Particulars of any convictions under the Money-lenders Act, of the applicant, his partner, or any person responsible or proposed to be responsible for the management of the business.
10. Particulars of any order under section 5 of the Money-lenders Act, suspending or forfeiting any certificate of, or disqualifying from obtaining a certificate, the applicant or his partner or any person responsible or proposed to be responsible for the management of the business.
11. Particulars of any refusal of a certificate to the applicant, or his partner or any person responsible or proposed to be responsible for the management of the business.
Dated..............................................................................
........................................................................
Signature of Applicant
The applicant must be prepared, if necessary, to produce these certificates
THE MONEY-LENDERS ACT
THE MONEY-LENDERS (APPLICATION FOR CERTIFICATE) REGULATIONS
FORM 2
[Regulation 4]
CERTIFICATE
........................................................................
Magistrate
MONEY-LENDERS (BODIES CORPORATE) (EXEMPTION) ORDER
[Section 2A]
Arrangement of Paragraphs
Paragraph
1. Title
2. Exemptions
[Order by the Minister]
SI 127 of 1973,
SI 227 of 1973,
SI 80 of 1977.
This Order may be cited as the Money-lenders (Bodies Corporate) (Exemption) Order.
The bodies corporate named in the Schedule are hereby granted exemption from the provisions of the Money-lenders Act.
[Regulation 2]
1. Agricultural Finance Company.
2. Barclays Overseas Development Corporation, Limited.
3. Commonwealth Development Finance Company, Limited.
4. Industrial Finance Company.
5. Standard Chartered Merchant Bank Limited.
[Am by SI 227 of 1973; 80 of 1977.]{/mprestriction}