Microfinance and Credit Regulatory Authority Act 2026 · As enacted · Part VI · Regulation of Moneylenders and microfinance institutions
37. Directives to licencees
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
Notwithstanding the provisions of any other written law, and in addition to the powers vested in the
Authority under section 33, after having due consultations with the licencees, the Authority shall issue directives as to the manner in which any aspect of the business and corporate affairs of such licencees are to be conducted and in particular-
the maximum interest rates or amounts which may be charged by way of commissions, discounts, fees, penalties or other receipts or payments whatsoever;
method and manner of calculation of interest charged on loans or any other financial accommodations and the maximum interest rates to be charged on such loans or other financial accommodations;
collection of debt, including collection of debt through factoring or any other similar arrangement;
the nature and amount of the security that may be required or permitted for various types of loans or any other type of financial accommodation;
the minimum amount of capital or net assets to be maintained;
internal controls, risk management or principles of corporate governance to be adopted;
implementation of a code of governance and a code of conduct;
criteria to assess the fitness and propriety of-
the directors, key management personnel and shareholders in the case of a company;
the office bearers, in the case of a society; or
partners in the case of a partnership;
restrictions on structural changes to corporate and business affairs;
the form and manner of maintaining books and accounts or other records or documents;
the form and manner of disclosing information to customers;
the minimum requirements for educational and professional competence of employees of licencees engaged in credit, recovery, marketing, complaints handling, customer services and any other activity which involves interaction with the customers;
the maximum ratio the total debt of a borrower should bear to the total income of such borrower;
publication of any data, information, report including credit rating, financial statements, advertisements or any other marketing material in any print or electronic media;
regulation of market conduct, including business hours, use of agents and representatives, loan recovery practices and communication methods;
establishing credit counseling centers, to provide counseling and advisory services;
handling of customer complaints; and
regulation of moneylending and microfinance businesses carried out using any digital or electronic means.
Any licencee that fails to comply with any directive issued under subsection (1) may be required to pay a sum of money as an administrative charge as may be determined by the Authority not exceeding rupees two million.
The Authority may after having due consultations with the relevant licencee, issue directives to a holding company, any subsidiary or an associate company of a licencee regarding the manner in which any aspect of the business of such company is to be conducted:
Provided that, the provisions of this section shall not apply to a holding company, subsidiary or associate company which is subjected to the regulation of any financial sector regulatory authority.
Any holding company, subsidiary or associate company of a licencee that fails to comply with any directive issued under subsection (3) may be required to pay a sum of money as an administrative charge as may be determined by the Authority, not exceeding rupees two million.
When issuing directives under subsections (1) and (3), the Authority shall ensure proportionality of the said directive to the relevant licencee or the holding company, any subsidiary or an associate company of the licencee, in view of the relevant considerations including the asset size, liabilities, market share and market conditions.
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