CRD Welcome Package

Cover page1
ECCBLIB-#1078648-v1-ECCBLIB-#977647-v2-CRD_-_Organisational_Chart_4 - 5
Job Description - Country Manager6
CRD Procedures Manual24
Management Team244 - 245
ECCBLIB-#1041572-v1-PDF_Style_Guide_(June_2021)246
Cover246
Table of Contents247
Bank's Logo248
Letters248
Memoranda252
Minutes254
Circulation Sheet254
Title Pages255
Grammar255
Currency and Figures259
Typing Weights and Measurements260
Use of Emails260
Email Signature261
Minutes261
Template for Papers261
PowerPoint Presentations261
Referencing261
Correct Names of ECCu Countries262
Hyperlinking a Document262
ECCBLIB-#1078644-v1-Banking_Bill_2015263
PART I272
PRELIMINARY272
1. Short title and commencement272
2. Interpretation272
PART II280
LICENCES280
3. Requirement for licence280
4. Examination of books of person carrying on banking business without a licence281
5. Appointment of receiver for failure to hold licence282
6. Repayment of funds obtained without licence282
7. Application for licence282
8. Grant or denial of licence284
9. Licence fees and penalty for default285
10. Permissible activities286
11. Conditions for licence287
12. Variation of conditions for licence287
13. Register of licensed financial institutions287
14. Revocation of licence287
15. Requirement to inform Minister for Finance289
16. Restricted words, names, and practices289
17. Display of licence certificate291
18. Offices and branches deemed one licensed financial institution291
19. Authorisation of location and approval of new business premises291
PART III293
OWNERSHIP STRUCTURES293
20. Ownership or control of licensed financial institutions293
21. Written application for approval293
22. Criteria for approval for ownership or control294
23. Granting of approval294
24. Person with control to be fit and proper294
25. Grounds for disapproval of a transfer295
26. Prohibition against selling below supervisory threshold295
27. Group holdings to be deemed holdings of single member295
28. Quarterly reports on ownership and control295
29. Report by foreign licensed financial institution on change of control296
30. Sanctions296
31. Prohibition against transfer and acquisition of interest296
32. Non applicability of this Part to government or other persons297
33. Variation of supervisory thresholds297
34. Approval of application for licence by financial holding company297
PART IV297
FINANCIAL HOLDING COMPANIES297
35. Requirement for licensing of financial holding companies297
36. Application for licence by financial holding companies299
37. Considerations to grant licence to financial holding company301
38. Grant or denial of licence to financial holding company301
39. Conditions for licence to financial holding company302
40. Restriction on activities of financial holding companies303
41. Limitation of risk to licensed financial institution304
42. Revocation of licence of financial holding company305
43. Actions of fundamental change requiring approval306
PART V307
FINANCIAL REQUIREMENTS AND LIMITATIONS307
44. Minimum paid-up or assigned capital307
45. Maintenance of reserve fund308
46. Adequacy of capital308
47. Additional capital in respect of special risks308
48. Liquidity requirement309
49. Limit on exposures309
50. Restrictions on exposures to related parties310
51. Restrictions on lending to employees311
52. Prohibition of advances against security of own shares311
53. Prohibition on engaging or investing in trade and outsourcing312
54. Financial subsidiaries permitted313
55. Restrictions on investments in real property314
56. Time limit for compliance with financial requirements314
57. Maintenance of specified assets315
58. Recordkeeping and reporting required317
PART VI317
AUDIT AND INFORMATION317
59. Annual audit, report and publication of financial statements and results317
60. Appointment of external auditor317
61. Duties of external auditor319
62. Remuneration of external auditor320
63. Immediate reports to Central Bank320
64. Resignation or removal of external auditor321
65. Request for copies of reports322
66. External auditor to report to Central Bank322
67. No liability for breach of duty322
68. Failure to comply with request322
69. Audited financial statements323
PART VII324
SUPERVISION324
70. Central Bank examination324
71. Consolidated supervision324
72. Prudential requirements325
73. Reporting of group structures325
74. Disclosure and access to books and records by Central Bank examiner for examination326
75. Central Bank’s powers of remedial action327
76. Additional Central Bank remedial actions328
77. Remedial actions against directors, officers, employees or significant shareholders329
78. Additional Central Bank powers of remedial action against directors, officers, employees or significant shareholders330
79. Supplemental powers331
80. Failure to comply with remedial actions331
81. Effective date of order, warning, agreement, direction331
82. Suspension of persons charged with criminal offence etc…332
83. Dismissal of criminal case not a bar to Central Bank action332
84. Persons convicted may be prohibited from banking business332
85. Appointment of observer332
86. Actions required for adequately capitalised licensed financial institutions or affiliates suffering losses334
87. Actions required for under capitalised licensed financial institutions, or affiliates335
88. Notification of removal of directors and officers336
89. Submission of returns and production of information as required by the Central Bank337
90. Central Bank may request further information339
91. Extension of period for providing information.339
92. Disclosure of basis for charges and fees339
93. Restriction on advertising likely to mislead the public340
94. Agreement or arrangement with foreign supervisory authority340
95. Furnishing of statement or return to participating governments340
96. Prohibition against providing false, misleading statements341
PART VIII341
CORPORATE GOVERNANCE341
97. Minimum criteria for determining whether a person is fit and proper341
98. Criteria for determining whether a person is fit and proper to be a significant shareholder343
99. Determining whether business carried out in prudent manner344
100. Requirement for fit and proper policy344
101. Notification to Central Bank of appointment of officers and directors345
102. Responsibility of board for corporate governance345
103. Removal and disqualification of director or officer346
104. Right to make representation348
105. Notice of confirmed removal348
106. Person to be removed from office348
107. Effective date of removal348
108. Failure to comply with a direction348
109. Failure to comply with section 103349
110. Declaration and registration of related interest and conflict of interest by director349
111. Responsibility for deceiving statements and obstruction of audit or authorised examination350
112. Management's duty of compliance with the requirements of the laws351
113. Liability of directors, officers and partners351
PART IX352
OFFICIAL ADMINISTRATION352
114. Grounds for appointing an official administrator352
115. Notice of appointment of official administrator354
116. Effective date of appointment354
117. Persons qualified to be official administrator354
118. Period of appointment354
119. Replacement and removal of official administrator354
120. Official administrator to be fit and proper354
121. Declaration of conflict of interest355
122. Transactions to be approved by Central Bank355
123. Failure of official administrator to disclose interest355
124. General powers of the official administrator355
125. Central Bank oversight of official administration357
126. Suspension of dividends357
127. Moratorium and effect of official administration on proceedings357
128. Suspension of contractual early termination rights361
129. Taking control of the licensed financial institution361
130. Inventory and plan of action to resolve the licensed financial institution or licensed financial holding company362
131. Capital increase by existing shareholders365
132. Recapitalization by new shareholders365
133. Mergers, sales and other restructurings367
134. Mandatory restructuring of liabilities368
135. Misconduct by shareholders, directors, officers or others369
136. Expenses of the official administration369
137. Termination of official administration369
PART X371
RECEIVERSHIP AND COMPULSORY LIQUIDATION371
138. Grounds of receivership371
139. Qualifications and compensation for receiver372
140. Commencement and notice of receivership373
141. Central Bank oversight of receiver374
142. General powers of receiver374
143. Transfer of assets and liabilities376
144. Effects of receivership376
145. Taking control of the licensed financial institution or licensed financial holding company377
146. Repudiation of contracts378
147. Avoidance of pre-receivership transfers379
148. Obligations of lessors of licensed financial institution or licensed financial holding company premises and utility providers381
149. Protection of payment, clearance, and settlement systems381
150. Determination of claims382
151. Authority to disallow claims383
152. Claims relating to eligible financial contracts383
153. Priorities in payment of claims384
154. Unclaimed funds386
155. Safe deposits and unclaimed property386
156. Termination of receivership and final reporting to the Central Bank386
157. Receiver to notify Central Bank of fraudulent activities387
PART XI387
VOLUNTARY LIQUIDATION387
158. Voluntary liquidation387
159. Cessation of business operations388
160. Notice to depositors of voluntary liquidation388
161. Rights of depositors and creditors in voluntary liquidation388
162. Distribution of assets389
163. Insufficiency of assets in discharge of obligations in voluntary liquidation389
164. Audited accounts, and conclusion of liquidation390
165. Review of bank resolutions under Parts IX or X390
166. Non-application of Companies Act390
PART XII391
ABANDONED PROPERTY391
167. Abandoned property391
168. Report, publication and disposal of abandoned property392
169. Abandoned property to vest in the [Crown][State]393
170. Safe deposit boxes393
171. Sale of contents of a safe deposit box393
172. Handling of proceeds of sale of safe deposit box contents394
173. Claims on abandoned property394
174. Failure to file report or to pay property395
PART XIII395
TRANSFER OF BANKING BUSINESS395
175. Banking business vesting order395
176. Supplementary provision as to transfers397
177. Transfers to be subject to stamp duty400
PART XIV400
MISCELLANEOUS PROVISIONS400
178. Secrecy of information400
179. Administrative penalties401
180. Administrative penalties to be placed to the credit of Central Bank401
181. Schedule III offences401
182. Working days of licensed financial institutions and licensed financial holding companies.403
183. Regulations403
184. Prudential standards404
185. Court’s powers in legal claims against Central Bank405
186. Bridge financial institutions and asset management vehicles406
187. Participating Government financing of transfers of deposits407
188. Immunity407
189. Non-application of Aliens (Landholding Regulation)407
190. Provisions applicable to credit institution, class of credit institution and financial group407
191. Amendment of Schedules408
192. Repeal and savings408
193. Transitional408
SCHEDULE I409
Fees for Licensed Financial Institution409
SCHEDULE II410
Activities411
SCHEDULE III412
SCHEDULE IV413
ECCBLIB-#1078645-v1-ECCB Agreement - 31 Jan 2016_1414

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