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As enacted
Contents

Part I · Resolution Authority of the Central Bank

11. Central Bank to design a resolution plan

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Central Bank shall design a resolution plan for each licensed bank having a systemic importance or impact in keeping with the international standards and best practices applicable to resolution of banks.

For the purpose of this subsection, a licensed bank shall be deemed to have systemic importance or impact, where failure of such bank may cause or likely to cause a severe impact on the financial system stability due to the size, interconnectedness, lack of substitutability, complexity, and such other similar criteria as may be determined by the

Central Bank.

(2)

The Central Bank shall evaluate and update periodically, or immediately after any material changes in the organizational structure of such licensed bank, its business, or its financial condition, the resolution plan designed under subsection (1).

(3)

The Central Bank shall provide for in the resolution plan, options for the implementation of resolution measures and the exercise of its resolution authority under this Act.

(4)

At the request of the Central Bank, a licensed bank shall provide assistance to the Central Bank in elaborating and updating the resolution plan by the Central Bank.

(5)

A licensed bank shall immediately inform the

Central Bank, of any changes that may require an evaluation or updating of the resolution plan designed by the

Central Bank.

(6)

At the request of the Central Bank, a licensed bank shall provide to the Central Bank all information necessary for the effective implementation of the resolution plan, including the details of –

(a)

the critical functions of such licensed bank, including the significant holdings of assets and liabilities relating to the respective functions and activities;

(b)

the description of the class or classes of debt obligations of the licensed bank and of all the legal entities under its control;

(c)

the off-balance sheet exposures of the licensed bank and of the other legal entities within the banking group;

(d)

the main operations of hedging the risks of the licensed bank and of the other legal entities within the banking group;

(e)

the main contracting counterparties of the licensed bank or of the critical functions;

(f)

an analysis of the impact of the distressed financial condition of the licensed bank on the main contracting counterparties;

(g)

each system in which the licensed bank carries out significant transactions in terms of the number or value, including the identification of their correspondence with legal entities and critical functions;

(h)

each payment, clearing or settlement system in which the licensed bank is a participant, directly or indirectly, including the establishment of their correspondence with legal entities and critical functions;

(i)

the inventory, and the main information management systems on risk management, accounting, and financial and statutory reporting used by the licensed bank, including the establishment of their correspondence with legal entities and critical functions;

(j)

the agreements executed on provision of services-related information management systems, information technology systems or licences, including the establishment of their correspondence with legal entities and critical functions;

(k)

the interconnectedness and interdependencies between the licensed bank and other stakeholders including the staff, shared facilities and systems or capital financing or liquidity mechanisms, existing or contingent credit exposures, cross-border guarantee agreements, cross-default collateral agreements, and cross-settlement agreements between affiliates, risk transfer arrangements and back-to-back trading arrangements or service provision agreements;

(l)

the key management personnel of the licensed bank, who are responsible for providing the information necessary for the elaboration of the licensed bank’s resolution plan;

(m)

the mechanisms that the licensed bank has put in place to ensure that the Central Bank will receive all necessary information for the purpose of resolution plan;

(n)

termination of any agreements by the licensed bank and any other legal entity within the banking group with third parties which may be triggered by a decision of the authorities to apply one or more resolution measures and whether the consequences caused by the termination may affect the implementation of such resolution measures; and

(o)

possible sources of liquidity in support of the resolution.

(7)

All regulatory and supervisory departments of the

Central Bank and any other authority regulating the financial sector, other than the Central Bank shall extend cooperation to the Department established under section 4, to implement the resolution function and, for that purpose, to ensure that the information referred to in subsection (6) is available with such supervisory and regulatory departments and other authorities regulating the financial sector other than the Central Bank. Where such information is available, such departments and authorities shall transmit such information to the Department established under section 4.

(8)

The Central Bank may, if it considers necessary, design simplified resolution plans for a licensed bank or banks which are not considered as having systemic importance or impact.

Part II

Resolution Measures

Part III

Sri Lanka Deposit Insurance Scheme

Part IV

Financial Sector Crisis Management Committee

Part V

Winding Up of Licensed Bank

Schedules