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As enacted
Contents

Part IV · Moneylenders

28. Cancellation of a licence issued

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

(1)

The licence issued by the Authority under this Part may at any time by a notification sent to the licencee in that behalf, be cancelled where-

(a)

there exists such ground as provided under subsection (1) of section 27 on which the

Authority may refuse an application for a licence;

(b)

the moneylender has contravened any condition or restriction in respect of its licence;

(c)

the moneylender has contravened any rule binding upon him as the case may be;

(d)

the moneylender has furnished false, misleading or inaccurate information or is concealing or failing to disclose material facts to the

Authority or has been licensed upon a material misrepresentation;

(e)

the moneylender has failed to pay the annual licence fee or any administrative charge imposed under this Act;

(f)

the moneylender has failed to commence business within nine months from the issue of the licence;

(g)

the moneylending business is being liquidated or being wound up or otherwise dissolved;

(h)

the moneylender has ceased to carry on the business of moneylending;

(i)

the moneylender is carrying on his business, in a manner detrimental to the interest of its creditors and any other stakeholder; or

(j)

the moneylending business has a –

(i)

key management personnel;

(ii)

any office bearer; or

(iii)

any partner, who is subject to any disqualification set out in section 40

of this Act.

(2)

Before the cancellation of a licence granted to a moneylender in terms of subsection (1) of this section, the moneylender shall be given written notice of such fact.

(3)

The moneylender may within fourteen days of the receipt of such notice, show sufficient cause to the Authority as to why his licence shall not be cancelled.

(4)

After the consideration of the reasons given by the moneylender under subsection (3), the Authority may within ninety days of the issuance of the notice-

(a)

withdraw such notice; or

(b)

cancel the licence issued to the moneylender.

(5)

In the event of cancellation of a licence under subsection (4), the moneylender concerned shall be notified forthwith of such cancellation and the cancellation of the licence shall take effect on the date of such cancellation or on a later date the Authority may deem appropriate. The

Authority shall publish a notice of such cancellation at least in one each of Sinhala, Tamil and English daily newspapers circulating in Sri Lanka.

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