Law library · Sierra Leone · The Banking Act, 2019
Section 94, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) A receiver shall have unrestricted access to andcontrol over the offices, books of account, records and other assets
of the bank in receivership ,its subsidiaries and its financial holding
(2) At the request of the receiver, a law enforcement officer
or officers shall assist the receiver to gain access to premises or
control over records of a bank in receivership.
(3) A receiver shall take any of the following actions to
secure the property, offices, books, records, and assets of a bank in
receivership in order to prevent their dissipation by theft or other
improper action -
(a) changing the locks and limiting access to the
new keys on external entrances to the offices
and on doors to internal offices which contain
financial assets or information or equipment
which could enable a person to gain unlawful
access to financial assets of a bank in
(b) changing or establishing access codes to the
computers of a bank in receivership and
granting access only to a limited number of
trustworthyemployees;
(c) issuing new photo identification passes for
entrance of authorised employees and
controlling the access of others to the
premises of a bank in receivership;
(d) cancelling authorisations of persons to
engage the financial responsibility of a bank
in receivership and issuing new
authorisations, as appropriate, and notifying
third parties;
(e) informing correspondent banks, financial
holding companies, registrars and
transferagents of securities and e x t er n a l
asset managers of the assets of a bank in
receivership, that persons who previously
had authorisation to give instructions on
behalf of the bank with respect to dealing in
the bank's assets or assets held in trust by
the bank are no longer so authorised and that
only the receiver and persons authorised by
the receiver have such authority;
(f) suspending the payment of capital
distributions in general and payment of any
kind to directors, key management personnel,
and significant shareholders of a bank in
receivership; provided, however, that base
compensation may be paid to directors or key
management personnel for services rendered
in their capacity as directors or key
management personnel of the bank; and
(g) any other action that it considers necessary.
(4) A person who willfully interferes with a receiver's
access to or control over the offices, books of account, other records,
and other assets of a bank in receivership for which he has been
appointed commits an offence and is liable on summary conviction
to a fine or to a term of imprisonment not less than one year but not
exceeding 5 years.
(5) A receiver shall furnish the Deposit Protection Fund
with such information and reports in the form and manner as may be
determined by the Institution with the approval of the Central Bank.
Taking
control of
bank in
104 105
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