Law library · Sierra Leone · The Banking Act, 2019
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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