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Section 11, The Payment Systems Act, 2009

Status not yet checkedThe Payment Systems Act, 2009, Sierra Leone

(1) If, in the opinion of the Central Bank- (a) there is systemic risk; or (b) any person is engaged in or is about to engage in any act, omission or course of conduct with respect to the system that may result in systemic risk or is contrary to the public interest in the integrity, effectiveness or security of the system, the Central Bank may issue a directive in writing requiring the person– (i) to cease engaging in the act, omission or course of conduct concerned; (ii) to perform such acts as are necessary to remedy the situation as the Central Bank may specify; or (iii) to provide the Central Bank with such information and documents relating to the matters specified in the directive, within such period as the Central Bank may indicate in it. (2) Any person who fails to comply with a directive issued by the Central Bank pursuant to subsection (1) shall be liable to pay to the Central Bank a penalty of not more than fifty million leones and in the case of non-compliance by a financial institution, every director, chief executive, partner, manager or other officer of that nstitution who fails to take all reasonable steps necessary to secure compliance by the institution with the directive, shall be liable to pay to the Central Bank a penalty of not more than ten million leones. (3) In addition to the penalty for non-compliance with its directives, the Central Bank may make an ex parte application to the High Court for an order directing a person or any director, chief executive, partner, manager or other officer of a financial institution to comply with the directive in such terms as the court thinks fit.

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