Law library · Sierra Leone · The Banking Act, 2019
Section 20, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) A person shall not be appointed chief executive,deputy chief executive, executive director, Board member, key
management personnel, agent or other officer of a bank or financial
holding company if he -
(a) is certified by a medical practitioner to be a
person of unsound mind;
(b) has been declared insolvent for 7 years or
has entered into agreement with another
person for payment of the debt of that person
and has suspended payment of the debt;
(c) is convicted of an offence involving fraud or
dishonesty;
(d) has been a Director or key management
personnel of any institution that has been
liquidated otherwise than for voluntary
reasons or has had its licence revoked;
(e) is under the age of 18 years;
(f) is a Director or board member of another bank
or financial holding company, unless that
person has obtained written approval of the
Central Bank;
(g) is declared not to be a fit and proper person
by the Central Bank;
(h) has been removed from office by the Central
Bank; or
(i) has been banned by a professional
body to which the person belongs.
(2) A bank or financial holding company that becomes
aware of circumstances that may disqualify a chief executive, deputy
chief executive, executive director, director, Board member or key
management personnel, agent or other officer concerned in the
management of that bank or financial holding company shall
immediately notify the Central Bank.
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Approval
required for
appointments.
Qualification
for appointment.
(3) Where a person is subject to disqualification under
this section he shall immediately cease to hold office or act as such
and the bank or financial holding company concerned shall
immediately terminate his appointment.
(4) A person who, at any time during the preceding 12
months, has served in a management position with the central bank
shall not serve as a director or executive officer of a bank or financial
holding company, without obtaining the prior approval of the Central
(5) A governor, deputy governor or director of the Central
Bank shall not serve as a director or executive officer of a bank or
financial holding company, during the one-year period immediately
following the date on which the person ceased to occupy the position
with the central bank.
(6) A person who has been a director or has been directly
or indirectly concerned in the management of a bank who has had its
licence revoked in accordance with this Act shall not serve as a
director of another bank or financial holding company without the
express approval of the Central Bank.
(7) Except with the consent of the Central Bank, no bank
or financial holding company incorporated in Sierra Leone shall have
as a director a person who is a director of another bank.
(8) A person who on the date of the coming into operation
of this Act is an executive officer or director of a bank or financial
holding company shall not, within 30 days after the coming into
operation of this Act remain an executive officer or director of that
bank unless the person satisfies the conditions specified in section
20.
(9) A bank or financial holding company shall immediately
notify the Central Bank on becoming aware of circumstances that
indicate that a director or executive officer may not satisfy the
requirements of subsections (1) to (7).
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