Law library · Sierra Leone · The Banking Act, 2019
Section 70, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) The Central Bank shall have the power and authorityto manage and control the affairs of a bank or financial holding
company and to exercise any of the powers of the governing body
and the shareholders of the bank or financial holding company or
any of the powers and functions set out in sections 74 and 75 for an
official administrator appointed by the Central Bank
(2) Notwithstanding the generality of subsection (1) the
Central Bank shall -
(a) facilitate a bail-in as a means to achieve
continuity of essential functions within the
terms and conditions as prescribed in the
prudential guidelines issued by the Central
(b) appoint an official administrator under section
74;
(c) establish a separate asset management
vehicle for a bank or financial holding
Decision by
to place in
resolution.
to manage
and control
affairs of
banks or
companies in
resolution
(d) prohibit a bank or financial holding company
from offering shares to existing shareholders,
where the Central Bank is of the opinion that-
(i) it is necessary to maintain the financial
stability of a bank or financial holding
company, or
(ii) the existing shareholders are no longer
suitable to maintain a significant capital
position in a bank or financial holding
(iii) there has been a failure to comply timely
with a remedial measure under this Act
requiring an increase in the bank's or
financial holding company's capital.
(e) carry out recapitalisation by new
shareholders and the official administrator
shall -
(i) if not already carried out in accordance
with Section 69, determine the extent of
losses and prepare the bank's or
financial holding company's financial
statements covering the amount of such
losses through the bank's or financial
holding company's profits, reserves
and, if necessary, capital;
(ii) if necessary to reflect losses, reduce the
par value of outstanding shares,
notwithstanding any other law to the
contrary;
(iii) determine the amount and type of
funding needed to bring the bank or
financial holding company into
compliance with all capital requirements;
(iv) cause the bank or financial holding
company to issue additional shares in
the amount necessary and carry out the
sale of shares by the bank or financial
holding company and purchase of such
shares by new investors.
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