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As enacted
Contents

Part IV · Moneylenders

27. Refusal to grant or renew a licence

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

(1)

Where an application is made for a licence under section 22 or for renewal of a licence under section 24 to carry on the moneylending business, the Authority may refuse the application on any of the following grounds: -

(a)

the application was not made in accordance with this Part;

(b)

the applicant has failed to comply with any requirement of this Act or the rules made thereunder;

(c)

any information or document that is furnished by the applicant to the Authority is false or misleading or from which there is a material omission;

(d)

the Authority is of the opinion that it would be contrary to the interests of its creditors or other stakeholders to grant or renew the licence;

(e)

the Authority is of the opinion that it would be contrary to the financial sector and socio economic circumstances of the country;

(f)

the moneylending business of the applicant is being wound up or otherwise dissolved or the applicant is declared undischarged insolvent or bankrupt by any court within or outside

Sri Lanka;

(g)

execution against the applicant in respect of a judgment debt has been returned unsatisfied in whole or part;

(h)

a receiver, a receiver and manager or an equivalent person has been appointed within or outside Sri Lanka in respect of any property of the applicant;

(i)

the applicant has, whether within or outside Sri

Lanka entered into a compromise or scheme of arrangement with its creditors, being a compromise or scheme of arrangement that is still in operation;

(j)

any of the key management personnel, where the applicant is a company, any office bearer, where the applicant is a society, or any partner, where the applicant is a partnership, is subject to any of the grounds set out in this section for the refusal of an application; or

(k)

the Authority has reason to believe that the applicant or any of its key management personnel, office bearer or partner as the case may be, not be able to act in the best interest of its clients having regard to their reputation, character, financial integrity and reliability.

(2)

Where the Director-General determines that a key management personnel is subject to any disqualification set out in section 40, the Director-General shall inform the applicant of such determination in writing within thirty days:

Provided that, the Director-General shall inform the applicant that if his application is to be processed, the key management personnel in question is required to be removed from such office and also to inform the

Director-General of such removal in order to start the processing of his application.

(3)

The Authority shall not refuse to grant or renew a licence without giving the applicant an opportunity of being heard.

Part V

Microfinance Business

Part VI

Regulation of Moneylenders and microfinance institutions

Part VII

Examination of A Licencee

Part VIII

Customer Protection

Part IX

Investigation of Offences

Part X

Offences and Penalties

Part XI

Finance

Part XII

General

Part XIII

Transitional Provisions

Schedules