Law library · Sierra Leone · The Banking Act, 2019
Section 31, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) Subject to subsection (2) of section 30, a bank shallnot declare or pay an interim or final dividend on its shares until it
has-
(a) completely written-off all its capitalised
expenditure;
(b) made the required provisions for nonperforming loans and other deterioration in
asset value; and
(c) satisfied the minimum capital adequacy ratio
requirements and any other capital ratios
specified by the Central Bank.
(2) Where the payment of any interim or final dividend
would result in withdrawal of any part of the general reserves due to
inadequacy of the profit for the year or where the statutory report of
the auditors on the annual accounts of the bank is not satisfactory,
the bank shall obtain prior written approval of the Central Bank before
it declares any dividend on its shares.
(3) A bank shall not pay a dividend and bonus on its
shares without the prior approval of the Central Bank.
(4) Where a bank declares or pays any interim or final
dividend in contravention of this section, every director of the Board
of the bank is liable to an administrative penalty.
(5) A director of the bank shall not be liable to pay the
penalty if he proves that the contravention was committed without
his consent or connivance or that he exercised all due diligence to
prevent the contravention having regard to all the circumstances.
52 53
Capital
adequacy on
consolidated
basis.
Statutory
reserve
fund.
on declaration
and payment
of dividend.
Additional
capital
PART VI - LIQUIDITY
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