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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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