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As enacted
Contents

Part II · Resolution Measures

18. Appointment of an Administrator

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

(1)

The Central Bank may, for the purpose of resolution of a licensed bank, by Order published in the

Gazette and at least in three Sinhala, Tamil and English daily newspapers circulating in Sri Lanka, appoint a fit and proper person as provided for in subsection (2), as the

Administrator to such licensed bank.

(2)

In determining whether a person is a fit and proper person to be appointed as the Administrator under subsection (1), the criteria used to determine the fitness and propriety of directors of a licensed bank under any law for the time being in force shall mutatis mutandis apply to such person.

(3)

The Administrator shall be an independent person who shall not have any interest, direct or indirect, financial or otherwise, in the affairs of the licensed bank subject to resolution. Any person appointed as the Administrator of a licensed bank under this Part of this Act, who acquires any interest, direct or indirect, financial or otherwise, in the affairs of such bank after such appointment, shall forthwith inform such fact to the Central Bank and immediately thereafter cease to act as the Administrator.

(4)

An Administrator shall be appointed for a term of six months from the date of appointment. Such term may be extended, from time to time, for further periods of six months at a time by the Central Bank, if required to do so, by an

Order published in the Gazette and at least in three Sinhala,

Tamil and English daily newspapers circulating in Sri Lanka.

(5)

The Order of the Central Bank appointing an

Administrator or extending the term of an Administrator shall be notified to the licensed bank in writing, specifying the reasons for such appointment or extending the term, as the case may be.

(6)

Where an Administrator becomes subject to any disqualification pursuant to the provisions of subsection (2)

or (3), the Central Bank shall appoint any other person as the Administrator, having regard to the provisions of subsection (2).

(7)

Subject to the provisions of subsection (9), an

Administrator shall be paid such remuneration as may be determined by the Central Bank.

(8)

The Administrator shall be deemed to be a public servant within the meaning and for the purposes of Part IX of the Penal Code (Chapter 19), and where the Administrator is a body corporate or a firm, its directors or managing partners, as the case may be, shall be considered as public servants for such purposes.

(9)

All costs incurred by the Central Bank on account of the Administratorship, including the payment of remuneration of the Administrator, shall be borne by, and charged to, the licensed bank subject to resolution, in accordance with such terms and conditions as may be determined by the Central Bank. Any cost so payable shall constitute a debt due to the Central Bank from such licensed bank, until the same is paid in full to the Central Bank.

Part III

Sri Lanka Deposit Insurance Scheme

Part IV

Financial Sector Crisis Management Committee

Part V

Winding Up of Licensed Bank

Schedules