Banking (Special Provisions) Act 2023 · As enacted · Part II · Resolution Measures
33. Providing temporary financial assistance by the Government
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Subject to the provisions of subsection (2), the
Government may, having considered the report submitted by the Central Bank to the Minister in that behalf, provide temporary financial assistance to contribute to the funding of the resolution of a licensed bank, or to a bridge bank, as the case may be.
The temporary financial assistance referred to in subsection (1) shall be provided by the Government only if the following conditions are satisfied: -
such financial assistance is necessary to avoid a risk of disturbance to the stability of the financial system;
alternative funding through Deposit Insurance Fund established under section 49 as permitted under subsection (3) of section 51 or private sources has been depleted or such sources are not sufficient or available within a reasonable time frame;
losses of the licensed bank are allocated at least to shareholders and subordinated debt holders; and
the Central Bank is of the opinion that the licensed bank subject to resolution or the bridge bank will become viable with the implementation of a resolution or restructuring plan.
The temporary financial assistance under this section may be provided by the Government to –
extend financial assistance for a licensed bank subject to resolution or for a bridge bank established under section 30;
pay compensation to shareholders and creditors under section 36; or
take such other measure as is incidental or connected to the purposes referred to in paragraph (a) or (b).
Where the Government becomes the holder of a controlling interest in a licensed bank subject to resolution or the bridge bank, as a result of providing temporary financial assistance under this section, such licensed bank or the bridge bank shall be managed on a commercial and professional basis and shall be subject to enhanced supervision by the
Central Bank.
The licensed bank or the bridge bank, as the case may be, referred to in paragraph (a) shall develop a plan, to the satisfaction of the Central Bank, for its exit from Government control, within a reasonable timeframe. The Minister shall, on the recommendation of the Central Bank, prescribe the procedures for the utilization of exit options in a fair and transparent manner, having regard to the timing, and market conditions and confidentiality requirements.
Any temporary financial assistance provided under this section and related costs and net of expected recoveries, may be recovered from all banks under subsection (4) of section 15.
The Minister may, on the recommendation of the
Central Bank, prescribe the rules for the provision of temporary financial assistance and the recoupment of such funds under this Act.
Part III
Sri Lanka Deposit Insurance Scheme
Part IV
Financial Sector Crisis Management Committee
Part V