Financial Crime World

MALAWI’S FINANCIAL INSTITUTIONS FACE STRINGENT REGULATIONS

Introduction

In an effort to ensure stability and transparency in Malawi’s financial sector, the Reserve Bank of Malawi has outlined strict guidelines for financial institutions operating in the country.

Guidelines for Prospective Applicants

To regulate the banking industry effectively, prospective applicants are required to contact the Central Bank before submitting their application. A licence assessment fee of K1,250 (approximately US$1,500) must be paid, accompanied by thoroughly completed forms.

Key Regulations

Under the Banking Act of 1989, banks and other financial institutions are subject to several key regulations:

  • Licence Requirement: Only licensed companies can conduct banking business, with a fine for unlicensed operators.
  • Capital Requirement: Applicants must demonstrate a minimum capital requirement:
    • K10 million (approximately US$13,500) for commercial banks
    • K5 million (approximately US$6,750) for merchant banks and finance institutions
  • Periodic Inspections: The Reserve Bank conducts regular inspections to ensure compliance with regulations.

Classes of Banking Business in Malawi

The following table illustrates the various classes of banking business in Malawi:

TYPE OF BANKING BUSINESS PERMISSIBLE ACTIVITIES STATUTORY REQUIREMENTS
Commercial Bank Demand Deposits, Savings, Fiduciary Activities, Lending up to 25% of capital base Minimum capital requirement: K10 million (approximately US$13,500)
Merchant Bank Time Deposits only Minimum capital requirement: K5 million (approximately US$6,750)
Finance Institution Time Deposits only Minimum capital requirement: K5 million (approximately US$6,750)
Mortgage Bank Lending up to 25% of capital base No minimum capital requirement

Application Process

Upon receiving a complete application, the Reserve Bank will communicate its decision within 90 days. The bank assesses various factors when evaluating an application, including:

  • Management competence and experience
  • Capital strength
  • Profitability prospects
  • Community needs
  • Competition in the financial system

Resubmission of Applications

In the event of rejection, applicants may resubmit their applications for reconsideration, providing significant new information or developments not previously considered by the Reserve Bank.

Supervision Department

The Reserve Bank’s supervision department is responsible for ensuring compliance with these regulations.