Banking (Special Provisions) Act 2023 · As enacted · Part I · Resolution Authority of the Central Bank
9. Licensed banks to prepare a recovery plan
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
Every licensed bank shall prepare a recovery plan as part of its risk management process, which shall provide for measures to be taken by such licensed bank in the event of deterioration of its financial position.
In the preparation of a recovery plan, a licensed bank shall take into consideration, financial and macroeconomic crisis scenarios relevant to the specific characteristics of the licensed bank, systemic events, crisis scenarios specific to such licensed bank and other individual entities of the banking group, as a whole.
In the preparation of a recovery plan, a licensed bank shall not rely on in any manner, the access to any extraordinary public financial support.
Every licensed bank shall update its recovery plan at least annually, or at the request of the Central Bank in the event of any change in the organizational structure or legal structure of the licensed bank, business activities or financial situation of the licensed bank, which may cause a significant impact on the recovery plan or where it requires modification.
The recovery plan prepared under subsection (1) shall include –
a presentation of the general recovery capacity of the licensed bank;
the scope of the recovery plan, considering the nature, scale, structure, complexity, and interconnectedness to other institutions of the licensed bank;
the details of other entities within the banking group covered under the recovery framework;
the details of communication planning on recovery options;
an identification of critical functions and critical shared services of the licensed bank that are organized in a manner ensuring the continuous availability of such functions or services to the entire licensed bank under possible recovery or resolution processes;
an identification of recovery indicators, triggers, and procedures to ensure the timely implementation of recovery actions;
the range of recovery options available to deal with shocks, to capital, liquidity and all other aspects that may arise from entity specific stresses or market wide stresses, or both of such stresses, as the case may be;
the time and resources required to implement recovery options;
significant deficiencies of resources that may hinder the effective and timely implementation of the recovery plan;
the actions to be taken to remedy the impediments including the availability of business continuity planning;
the details on costs of implementation;
a detailed description of how the recovery plan is integrated into the licensed bank’s management;
the persons who are responsible for the development and implementation of the recovery plan within the licensed bank;
the policies and procedures for approving the recovery plan;
the mechanisms and measures for-
the conservation or reconstitution of the funds of the licensed bank;
ensuring that the licensed bank has access to emergency financing sources, including potential sources of liquidity, assessment of available collateral and assessment of the possibility of transferring liquidity between entities within the group and between the businesses;
ensuring that the licensed bank may continue its activities and fulfill its obligations when they become due;
reducing leverage risk and effect;
restructuring debts;
maintaining continuous access to financial market infrastructures;
facilitating the sale of assets or businesses within an appropriate period of time in order to restore financial soundness; and
facilitating the implementation of the recovery plan, including necessary measures to allow its timely recapitalization;
other management actions or strategies aimed at restoring the financial soundness and the anticipated financial effect of those actions or strategies;
an analysis of the situations in which the licensed bank may seek access to the financial facilities offered by the Central Bank and identify the assets that can be qualified as collateral;
the preparatory measures that the licensed bank has adopted or intends to adopt; and
such other requirements or information, as the
Central Bank may, from time to time, specify or require, to be included in a recovery plan.
The Central Bank may, if it considers necessary, direct all or selected licensed banks to submit recovery plans prepared under subsection (1) for its approval, within one month from the expiration of each calendar year.
Where the Central Bank considers that a recovery plan submitted by a licensed bank has major deficiencies or that there are obstacles in the implementation of the recovery plan, the Central Bank shall notify such deficiencies or the obstacles to such licensed bank and direct such licensed bank to submit a revised recovery plan, containing adequate solutions to overcome the deficiencies or obstacles, within one month from the date of such notification.
The Central Bank may, at the request of the licensed bank, extend the period specified in subsection (7), to a period which shall not exceed fourteen days from the date of expiry of the period of one month specified in subsection (7).
Where the Central Bank is of the opinion that-
a licensed bank has not identified the changes that are required to be introduced to its economic activity; or
the actions proposed by the licensed bank to address the deficiencies or obstacles of such recovery plan are not adequate, the Central Bank shall direct such licensed bank to take one or more of the measures specified in subsection (10) or any other measure as it may consider necessary and proportionate, taking into consideration the seriousness of the deficiencies and the effect of the respective measures on the continuity of the business of the licensed bank.
The measures referred to in subsection (9) shall include the following: -
to reduce the risk profile of the licensed bank, including reducing the liquidity risk;
to apply prompt recapitalization measures;
to review the strategy and structure of the licensed bank;
to modify the financing strategy, in order to improve the shock resistance of the critical functions; or
to modify the administration structure of the licensed bank.
Part II
Resolution Measures
Part III
Sri Lanka Deposit Insurance Scheme
Part IV
Financial Sector Crisis Management Committee
Part V