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As enacted
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Part II · Directions, Rules and Requirements on Finance Companies

12. Directions of the Board

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

(1)

Notwithstanding the provisions of any other law, the Board may give directions to finance companies or to any group or category of finance companies regarding the manner in which any aspect of the business and corporate affairs of such finance companies are to be conducted and, in particular -

(a)

the terms and conditions under which deposits may be accepted by such companies, the maximum rates of interest payable on such deposits, and the maximum period for which deposits may be accepted and the maximum amount that may be deposited with a company in the name of one person in one or more accounts;

(b)

the terms and conditions under which any loan, credit facility or any type of financial accommodation may be granted by such companies, the maximum rates of interest that may be charged on such loans, credit facilities or other types of financial accommodation, and the maximum periods for which any such loan, credit facility or other type of financial accommodation may be granted;

(c)

the maximum rates which may be paid to, or charged by, such companies by way of commissions, discounts, fees or other receipts or payments whatsoever;

(d)

the terms and conditions under which investments may be made by such companies;

(e)

the maximum permissible maturities for loans, credit facilities or other types of financial accommodation and investments made by such companies, and the nature and amount of the security that may be required or permitted for various types of lending, credit and investment operations;

(f)

the form and manner in which books of accounts or other records or documents are to be maintained by such companies;

(g)

the exclusion from the income of such companies in whole or in part, unpaid interest in respect of loans granted, if such loans have become overdue;

(h)

the minimum ratio which the liquid assets of such companies should bear to the total deposit liabilities of such companies;

(i)

the maintenance of cash balances by finance companies with the Central Bank if so required by the Board, and the minimum ratio of such cash balances should bear to the deposit liabilities of finance companies;

(j)

conditions which should be applicable to withdrawal by depositors of deposits before maturity;

(k)

prohibiting such companies from increasing the amount of their loans, credit facilities, other types of financial accommodation or investments;

(l)

fixing the limits to the rate at which the amount of any loans, investments or financial accommodation made or granted by such companies may be increased within specified periods;

(m)

requiring such companies to decrease the amount of their loans, investments or financial accommodation to specified limits within a specified period;

(n)

the maximum percentage of the share capital in a finance company which may be held –

(i)

by a company, an incorporated body, or an individual; and

(ii)

in the aggregate by-

(a)

a company and one or more of the following:-

(aa)

its subsidiary companies;

(bb)

its holding company;

(cc)

a subsidiary company of its holding company; or

(dd)

a company in which such company or its subsidiary company, or its holding company, or a subsidiary company of its holding company has a substantial interest; or

(b)

an individual and one or more of the following:-

(aa)

his relative;

(bb)

a company in which he has a substantial interest or in which his relative has a substantial interest;

(cc)

a subsidiary company of such company;

(dd)

the holding company of such company;

(ee)

a subsidiary company of such company’s holding company;

(ff)

a company in which such company, or its subsidiary company, or its holding company, or a subsidiary of its holding company has a substantial interest; or

(gg)

an incorporated body, other than a company, in which such individual or his relative has a substantial interest; or

(c)

companies in each of which an individual or a company as the case may be, has either directly, indirectly or beneficially a substantial interest or significant management interest;

(o)

the margins to be maintained by such companies in respect of secured accommodations;

(p)

restriction on the types of activities that may be carried on by finance companies;

(q)

payment to directors or employees of such companies by way of salary, allowance, perquisites, reimbursement of expenses, terminal benefits, gratuity and other superannuation payments;

(r)

the amount of core capital to be maintained by a finance company;

(s)

the academic and professional qualifications and experience required of directors, the chief executive officer and key management personnel of a finance company;

(t)

composition and the constitution of the quorum of the Board of Directors of such companies;

(u)

requirement for obtaining prior approval of the

Board for appointing, electing or nominating directors of such companies;

(v)

requirement for obtaining prior approval of the

Director for appointing the chief executive officer of a finance company;

(w)

terms, conditions and procedures to be followed by such companies in the acquisition of real estate, and pricing thereof;

(x)

formation of subsidiary and associate companies by such companies;

(y)

submission of a bank guarantee by a finance company for such value and on such terms as may be determined by the Board to ensure the payment of any penalty that may be imposed by the Board under this Act.

(2)

A direction issued under subsection (1) shall have effect notwithstanding that such direction will require a finance company to effect a change in the nature or amount of any of its assets or liabilities, whether acquired or incurred before or after the date of the coming into operation of this Act:

Provided that, a finance company required to effect a change as stated above, shall be allowed a period of twelve months from the date of such direction within which to effect such change, or such longer period as may be granted by the Board for such purpose.

(3)

In order to comply with a direction issued to it under paragraph (n) of subsection (1), a finance company may direct a person holding shares in such finance company to reduce within such period as specified in such direction, the number of shares held by such person in such finance company, whether such shares were acquired by such person before or after the date of commencement of this Act. It shall be the duty of such person to comply with such direction.

(4)

The Board may in its discretion pay interest on any cash balance maintained by a finance company in the Central

Bank in pursuance of a direction issued to it under paragraph (i) of subsection (1), at such rate as may be determined by the Board.

(5)

The Board may give directions where necessary to any finance company in particular on such matters as are specified in subsection (1).

(6)

In order to ensure the soundness of the financial system, the Board may issue directions to holding companies, subsidiaries and associate companies of finance companies regarding the manner in which any aspect of the business of such companies is to be conducted.

Part III

Examinations and Supervisory Actions on Finance Companies

Part IV

Financial Statements and Audit of Finance Companies

Part V

Regulatory and Resolution Actions on Finance Companies

Part VI

Insurance of Deposits

Part VII

Action Against Persons Carrying on Finance Business or Accepting Deposits Without Authority

Part VIII

Offences and Penalties

Part IX

General