Law library · Sierra Leone · The Banking Act, 2019
Section 21, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) A person shall on appointment as chief executive,deputy chief executive, executive director, Board member or key
management personnel, agent or other officer declare to the Board of
Directors-
(a) any professional interests or the offices he
holds as manager, director, trustee or by any
other designation; and
(b) his investment or business interests or that
of his spouse or any close relative, in firms,
companies and institutions as a significant
shareholder, director, partner, proprietor or
guarantor.
(2) A chief executive, deputy chief executive, executive
director, Board member, agent or officer shall declare to the bank or
financial holding company any changes in his business interests or
holding of offices as and when they occur.
(3) The bank or financial holding company shall
immediately place before its Board of directors all declarations made
pursuant to subsection (2).
(4) A chief executive, deputy chief executive, executive
director, Board member, agent or key management personnel who
has any direct or indirect interest in a proposed credit or other facility
to be given to any person by that bank or financial holding company
or in a transaction that is proposed to be entered into with any other
person, shall as soon as practicable declare the nature and extent of
his interest in the proposal to the bank's or financial holding
company's Board of directors.
(5) In deciding whether to grant a proposed credit facility
referred to in subsection (4) the bank or financial holding company
shall take into consideration a declaration made under subsection
(4).
34 35
Disclosure of
interest.
(6) A chief executive, deputy chief executive, executive
director, Board member, agent or key management personnel shall
not attend or participate in a board meeting where a proposal for a
credit or other facility in which he has direct or indirect interests is
being determined.
(7) A proposal in which a chief executive, deputy chief
executive, executive director, Board member, agent or key management
personnel has interests, directly or indirectly, shall be considered
and decided upon by the bank's or financial holding company's Board
of directors and not by any delegated authority.
(8) A chief executive, deputy chief executive, executive
director, Board member or key management personnel who
contravenes this section shall be declared by the Central Bank not to
be a fit and proper person as defined by this Act.
PART III - CORPORATE GOVERNANCE
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