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Retention of records
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33. (1) This section applies to the following persons:
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(a) ATM deployers;
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(b) CIT providers.
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(2) A person to whom this section applies shall—
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(a) retain at an office or other premises in the State such relevant records as may, subject to subsections (8), (9) and (10), be prescribed, and
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(b) notify the Bank, in writing, of the address of any office or other premises where those relevant records are retained.
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(3) The obligation imposed by subsection (1) is in addition to, and not in substitution for, any other obligation imposed by or under any other enactment or rule of law with respect to the retention of records by a person to whom this section applies.
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(4) A person to whom this section applies shall retain the relevant records referred to in subsection (2) for a period of not less than 6 years after the date on which the relevant record is made.
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(5) A person to whom this section applies may keep the relevant records referred to in subsection (2) wholly or partly in an electronic, mechanical or other non-written form only if they are capable of being reproduced in a written form.
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(6) Subject to subsection (4), the obligations imposed under this section continue to apply to a person who is no longer a person to whom this section applies.
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(7) Where a person to whom this section applies is a body corporate (in this section referred to as “the first-mentioned body corporate”), the obligation to retain a relevant record referred to in subsection (2) applies to any body corporate that is a successor to, or a continuation of, the first-mentioned body corporate.
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(8) The Bank may, for the purposes of subsection (2), prescribe relevant records to be retained where it determines such records are necessary for the proper and orderly regulation and oversight of ATM deployers or CIT providers, as the case may be, for the purposes of this Act.
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(9) The Bank may prescribe requirements relating to the retention of relevant records referred to in subsection (2) of a body corporate that is wound up, a partnership that is dissolved or a natural person who is declared bankrupt.
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(10) Regulations under this section may apply to such class of relevant records as the Bank may prescribe.
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(11) A person to whom this section applies who fails to comply with this section commits an offence.
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