Microfinance Act 2016 · As enacted · Part VI · Examination and Supervison of Licensed Microfinance Companies
15. Examination and supervision of licensed microfinance companies
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
The Director or any officer of the Central Bank authorized by him, or any other person authorized by the
Director with the approval of the Board, may at any time examine the books of accounts and records of any licensed microfinance company and for that purpose may do one or more of the following:-
require any licensed microfinance company, or a director, secretary, manager, employee, auditor, agent or contractor of any licensed microfinance company to furnish him all such information as he may consider necessary and to produce for inspection books, records, files, registers, and such other documents, maintained in print or electronic form, of such licensed microfinance company and to provide authenticated copies in any form as required of such books, records, files, registers and such other documents;
enter the premises or storage area of any licensed microfinance company, and notwithstanding anything to the contrary in any other law, examine books, records, files, registers, and such other documents, maintained in print or electronic form, of such licensed microfinance company and may obtain copies, authenticated or otherwise, in any form of such books, records, files, registers and such other documents;
require any licensed microfinance company or a director, manager, employee, agent, contractor or secretary of any licensed microfinance company to submit the accounts of such licensed microfinance company, furnish such information and produce such books, records, files, registers, and such other documents, maintained in print or electronic form, for audit by an auditor authorized by the Director;
question and record statements of or, if necessary, direct any director, shareholder, secretary, manager, employee, agent, auditor or contractor of any licensed microfinance company and of any other person who may be acquainted with or is aware of or is in possession of, information regarding the business or corporate affairs of such licensed microfinance company to submit answers to the questions raised by way of an affidavit or if necessary administer oath or affirmation in accordance with the Oaths and Affirmation
Ordinance (Chapter 17) and cause questions to be asked and record or cause the recording of statements;
call for information by notice in writing from any person who may be acquainted with or is aware of or is in possession of or appears to have information regarding the business or corporate affairs of any licensed microfinance company and if required summon such person for an interview;
require any related party of a licensed microfinance company to furnish information as the Director may consider necessary and to produce for inspection books, records, files, registers and such other documents maintained in print or electronic form, of such related party and to provide authenticated copies in any form as required of such books, records, files, registers and such other documents.
For the purposes of this paragraph “related party”
means holding company, any subsidiary or associate company of any licensed microfinance company, or any subsidiary or associate company of the holding company of any licensed microfinance company, or any other entity or individual that in the view of the
Director has a substantial financial interest or significant management interest in any licensed microfinance company.
The cost of such examination may be recovered from the licensed microfinance company.
It shall be the duty of every person to comply with any requirement imposed on him under this section and any person who –
fails to provide any information or produce for inspection any book, record, file, register or such other document, material or object required under this section;
fails to attend in person when summoned for an interview;
provides false or incomplete or incorrect information, book, record, file, register or such other document, material or object; or
obstructs the Director or any person authorized by the Director under subsection (1) in the performance of any function thereunder, shall be guilty of an offence under this Act.
The Director shall upon the conclusion of the examination conducted in terms of subsection (1), submit a report to the Board if such examination reveals that the licensed microfinance company-
is carrying on its business adopting unsound or improper financial practices which are detrimental to the interests of its depositors, creditors and other stakeholders; or
has contravened or failed to comply with any provisions of this Act, or any direction, rule, order or requirement made or imposed thereunder.
Part VII
Cancellation of the Licence and Winding Up of Licensed Microfinance Company
Part VIII
Microfinance Non-Governmental Organizations
Part IX
Principles, Standards and Guidelines Laid Down by the Board
Part X
Immunity from Prosecution
Part XI