Law library · Sierra Leone · The Banking Act, 2019
Section 74, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) The Central Bank may by notice in writing appoint aperson to be the official administrator of a bank in resolution with
specified powers and functions.
(2) A notice in writing appointing a person to be the
official administrator under subsection (1) shall -
(a) specify the grounds upon which it is adopted
and such decision shall be promptly notified
to the bank subject to official administration;
(b) be effective at the time specified in the
decision or, if no time is specified, at the time
notice is given under sub section (1);
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Claims of
affected
persons.
Official
(c) have legal force and effect of an enforceable
court order requiring law enforcement
authorities to provide assistance.
(3) A bank may remain in official administration for a period
not exceeding 6 months and the period may be extended by the
Central Bank only once, for a period not exceeding 6 months.
(4) The Central Bank may remove the official
administrator before the end of the period specified in paragraph (a)
of subsection (2) and appoint a replacement.
(5) The Central Bank shall ensure that the bank remains
under the control of an official administrator appointed under
subsection (1), during official administration,
(6) An official administrator appointed under subsection
(1), shall have an obligation to report to the Central Bank and not to
the board of directors.
(7) The official administrator shall have no financial
interests or relationship nor engage in any transaction with the bank
or specialised deposit-taking institution in official administration.
(8) Where an official administrator engages in any
transaction involving the bank or specialised deposit-taking
institution in official administration contrary to subsection (7), the
Central Bank shall set aside the transaction, terminate the appointment
of the official administrator with immediate effect, and appoint a new
official administrator.
(9) The Central Bank shall notify the Deposit Protection
Fund in advance of the commencement, suspension or cessation of
official administration of a bank.
(10) Where applicable the Central Bank shall immediately
notify the supervisor of a financial holding company of the
commencement, suspension or cessation of official administration of
a bank.
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