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Section 99, The Banking Act, 2019

Status not yet checkedThe Banking Act, 2019, Sierra Leone

(1) Irrevocable money and securities transfer ordersentered by a bank into a payment or securities settlement system recognised as such by the Central Bank shall be legally enforceable and binding on third parties even upon a decision revoking the licence and appointing a receiver but only if the transfer orders become irrevocable before such decision takes effect. (2) Where a bank enters irrevocable money or securities transfer orders into a payment or securities settlement system after the decision revoking the licence and appointing a receiver takes effect and the transfer orders are carried out on the day of such decision, the transfer orders shall be legally enforceable and binding on third parties, unless the receiver proves that the system operator was aware of the decision before the transfer orders became irrevocable. (3) No provision authorising the setting aside of contracts and transactions entered into before the appointment of a receiver takes effect shall be applied in such a way as to require the unwinding of netting by a payment or securities settlement system recognised as such by the Central Bank, except however the preservation of such netting shall not prevent the ability of the receiver to recover assets directly from the transferee or beneficiary. (4) For the purposes of this section - (a) a transfer order entered into, a money or securities settlement system becomes irrevocable at the time defined by the regulations of that system; and (b) "netting" means the conversion into one net claim or one net obligation of claims and obligations resulting from transfer orders Protection of payment, clearing, and settlement systems. Obligations of lessors of bank premises and utility providers. 108 109 which a participant or participants in a settlement system either issue to, or receive from, one or more other participants in that system with the result that only a net claim or a net obligation remains.

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