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Part III · Sri Lanka Deposit Insurance Scheme

43. Member institutions to insure deposits under the Scheme

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

(1)

Subject to the provisions of subsection (3), the member institutions shall insure all eligible deposits under the Scheme.

(2)

The eligible deposits to be insured under the

Scheme shall include demand, time and savings deposit liabilities of member institutions other than the deposit liabilities specified in subsection (3) and debt instruments including any promissory notes, hybrid equity and such other debt instruments as may be determined by the

Central Bank.

(3)

The following deposit liabilities shall not be considered as eligible deposits: -

(a)

deposit liabilities to other member institutions;

(b)

deposit liabilities maintained individually or jointly with any other party, by directors and key management personnel of a member institution, close relations of such directors and key management personnel, a subsidiary company or an associate company of a member institution, and any concern in which any of the directors and key management personnel of a member institution or close relations of such directors and key management personnel have any interest;

(c)

deposit liabilities of former directors or key management personnel of a member institution where –

(i)

such directors or key management personnel have been removed from such position on the direction by the Central Bank due to such directors or key management personnel being involved in or connected with any unsound, improper, dishonest, deceitful or fraudulent financial practice detrimental to the interests of the depositors and other creditors of such member institution, in carrying out business operations or management of such member institution;

(ii)

such directors or key management personnel have been determined by the Central Bank, to be not fit and proper to hold such office in a member institution under any written law for the time being in force;

(iii)

the Central Bank determines ex mero motu, upon being satisfied based on the material available, and after granting such directors or key management personnel, as the case may be, an opportunity of being heard, that such directors or key management personnel are not entitled to receive any benefit under the Scheme, due to such directors or key management personnel engaging in, or having engaged in, or being involved in, or being responsible for, carrying on the business operations or management of such member institution through any unsound, improper, dishonest, deceitful or fraudulent financial practices detrimental to the interests of its depositors and other creditors;

(d)

deposits falling within the meaning of abandoned property under the Banking Act and dormant deposits under the Finance Business Act, as the case may be, which have been transferred to the

Central Bank, in terms of the directions issued by the Central Bank, from time to time;

(e)

deposits held by any Government institution, including a Ministry, Department, Provincial

Council or local authority; and

(f)

any other deposit liability of a member institution as may be determined by the Central Bank as not eligible under the Scheme.

(4)

The Central Bank may, from time to time, issue operating instructions to member institutions regarding the implementation and operation of the Scheme.

Part IV

Financial Sector Crisis Management Committee

Part V

Winding Up of Licensed Bank

Schedules