Law library · Sierra Leone · The Banking Act, 2019
Section 102, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) In any liquidation of a bank in receivership, the assetsof the bank shall be available to meet its liabilities according to the
hierarchy of creditors' claims that are available to satisfy unsecured
claims.
(2) Claims allowed to be paid under subsection (1) shall
be as follows-
(a) necessary and reasonable expenses incurred
by the receiver and the Central Bank,
including professional fees under Part XII;
(b) insured deposits to the extent of any amount
guaranteed to be repaid under the deposit;
(c) uncollateralised credit to a bank by the
Central Bank and guarantees by the
Government and advances guaranteed by
the Government
(d) uninsured deposits;
(e) wages or salaries earned by an employee
not later than 180 days before the
appointment of the receiver, as may be
specified by the Central Bank except for
wages and salary earned by a director or
key management personnel and any variable
compensation component;
(f) compensation of employees not covered
under item (h);
Determination
of claims.
Claims
relating to
eligible
contracts.
Priorities in
payment of
claims.
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(g) credits extended to the bank by the Central
Bank until the appointment of the receiver;
(h) credits extended to the bank after
the appointment of the receiver;
(i) statutory amounts owed to the Government
or to a municipality, unless the Government
or municipality consents otherwise;
(j) unsecured credits extended to the bank prior
to the appointment of the receiver;
(k) subordinated debt.
(3) Treatment of deficiency claims or under collateralized
claims, secured by collateral or for which collateral has been pledged
shall be as outlined in the prudential guidelines.
(4) Where the amount available for payment for any class
of claims is insufficient to provide payment in full, such claims of that
class shall be reduced in equal proportions.
(5) After payment of all claims filed, the remaining
allowable claims that were not filed within the time specified by
receiver for filing, shall be paid.
(6) Any proceeds remaining after all claims of depositors
and other creditors have been paid shall be distributed among the
shareholders of the bank in accordance with their rights.
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