Law library · Sierra Leone · The Banking Act, 2019
Section 101, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) In determining the rights and obligations between abank in receivership and its contractual counterparties, effect shall
be given to the termination provisions of eligible contracts between
the bank and its contractual counterparties.
(2) The Central Bank may order a period of temporary
stay on the exercise of the termination provisions of eligible contracts
under subsection (1), subject to such safeguards as the Central Bank
shall prescribe to facilitate liquidation of the bank while at the same
time minimizing disruption to the markets for eligible financial
contracts.
(3) The net termination value determined in accordance
with an eligible financial contract between a bank in receivership and
its contractual counterparties shall be a claim of the bank on the
counterparty or shall be admitted after its validation as a claim of the
counterparty on the bank.
(4) The Central Bank shall prescribe the types of
contracts that shall qualify as "eligible financial contracts" under
subsection (2) and which may include a master agreement covering
more than one type of contract.
(5) For the purposes of this Section-
“net termination value" means the net amount
obtained after setting off the mutual obligations
between the parties to an eligible financial contract
in accordance with its provisions.
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