Cover page | 1 |
ECCBLIB-#1078648-v1-ECCBLIB-#977647-v2-CRD_-_Organisational_Chart_ | 4 - 5 |
Job Description - Country Manager | 6 |
CRD Procedures Manual | 24 |
Management Team | 244 - 245 |
ECCBLIB-#1041572-v1-PDF_Style_Guide_(June_2021) | 246 |
Cover | 246 |
Table of Contents | 247 |
Bank's Logo | 248 |
Letters | 248 |
Memoranda | 252 |
Minutes | 254 |
Circulation Sheet | 254 |
Title Pages | 255 |
Grammar | 255 |
Currency and Figures | 259 |
Typing Weights and Measurements | 260 |
Use of Emails | 260 |
Email Signature | 261 |
Minutes | 261 |
Template for Papers | 261 |
PowerPoint Presentations | 261 |
Referencing | 261 |
Correct Names of ECCu Countries | 262 |
Hyperlinking a Document | 262 |
ECCBLIB-#1078644-v1-Banking_Bill_2015 | 263 |
PART I | 272 |
PRELIMINARY | 272 |
1. Short title and commencement | 272 |
2. Interpretation | 272 |
PART II | 280 |
LICENCES | 280 |
3. Requirement for licence | 280 |
4. Examination of books of person carrying on banking business without a licence | 281 |
5. Appointment of receiver for failure to hold licence | 282 |
6. Repayment of funds obtained without licence | 282 |
7. Application for licence | 282 |
8. Grant or denial of licence | 284 |
9. Licence fees and penalty for default | 285 |
10. Permissible activities | 286 |
11. Conditions for licence | 287 |
12. Variation of conditions for licence | 287 |
13. Register of licensed financial institutions | 287 |
14. Revocation of licence | 287 |
15. Requirement to inform Minister for Finance | 289 |
16. Restricted words, names, and practices | 289 |
17. Display of licence certificate | 291 |
18. Offices and branches deemed one licensed financial institution | 291 |
19. Authorisation of location and approval of new business premises | 291 |
PART III | 293 |
OWNERSHIP STRUCTURES | 293 |
20. Ownership or control of licensed financial institutions | 293 |
21. Written application for approval | 293 |
22. Criteria for approval for ownership or control | 294 |
23. Granting of approval | 294 |
24. Person with control to be fit and proper | 294 |
25. Grounds for disapproval of a transfer | 295 |
26. Prohibition against selling below supervisory threshold | 295 |
27. Group holdings to be deemed holdings of single member | 295 |
28. Quarterly reports on ownership and control | 295 |
29. Report by foreign licensed financial institution on change of control | 296 |
30. Sanctions | 296 |
31. Prohibition against transfer and acquisition of interest | 296 |
32. Non applicability of this Part to government or other persons | 297 |
33. Variation of supervisory thresholds | 297 |
34. Approval of application for licence by financial holding company | 297 |
PART IV | 297 |
FINANCIAL HOLDING COMPANIES | 297 |
35. Requirement for licensing of financial holding companies | 297 |
36. Application for licence by financial holding companies | 299 |
37. Considerations to grant licence to financial holding company | 301 |
38. Grant or denial of licence to financial holding company | 301 |
39. Conditions for licence to financial holding company | 302 |
40. Restriction on activities of financial holding companies | 303 |
41. Limitation of risk to licensed financial institution | 304 |
42. Revocation of licence of financial holding company | 305 |
43. Actions of fundamental change requiring approval | 306 |
PART V | 307 |
FINANCIAL REQUIREMENTS AND LIMITATIONS | 307 |
44. Minimum paid-up or assigned capital | 307 |
45. Maintenance of reserve fund | 308 |
46. Adequacy of capital | 308 |
47. Additional capital in respect of special risks | 308 |
48. Liquidity requirement | 309 |
49. Limit on exposures | 309 |
50. Restrictions on exposures to related parties | 310 |
51. Restrictions on lending to employees | 311 |
52. Prohibition of advances against security of own shares | 311 |
53. Prohibition on engaging or investing in trade and outsourcing | 312 |
54. Financial subsidiaries permitted | 313 |
55. Restrictions on investments in real property | 314 |
56. Time limit for compliance with financial requirements | 314 |
57. Maintenance of specified assets | 315 |
58. Recordkeeping and reporting required | 317 |
PART VI | 317 |
AUDIT AND INFORMATION | 317 |
59. Annual audit, report and publication of financial statements and results | 317 |
60. Appointment of external auditor | 317 |
61. Duties of external auditor | 319 |
62. Remuneration of external auditor | 320 |
63. Immediate reports to Central Bank | 320 |
64. Resignation or removal of external auditor | 321 |
65. Request for copies of reports | 322 |
66. External auditor to report to Central Bank | 322 |
67. No liability for breach of duty | 322 |
68. Failure to comply with request | 322 |
69. Audited financial statements | 323 |
PART VII | 324 |
SUPERVISION | 324 |
70. Central Bank examination | 324 |
71. Consolidated supervision | 324 |
72. Prudential requirements | 325 |
73. Reporting of group structures | 325 |
74. Disclosure and access to books and records by Central Bank examiner for examination | 326 |
75. Central Bank’s powers of remedial action | 327 |
76. Additional Central Bank remedial actions | 328 |
77. Remedial actions against directors, officers, employees or significant shareholders | 329 |
78. Additional Central Bank powers of remedial action against directors, officers, employees or significant shareholders | 330 |
79. Supplemental powers | 331 |
80. Failure to comply with remedial actions | 331 |
81. Effective date of order, warning, agreement, direction | 331 |
82. Suspension of persons charged with criminal offence etc… | 332 |
83. Dismissal of criminal case not a bar to Central Bank action | 332 |
84. Persons convicted may be prohibited from banking business | 332 |
85. Appointment of observer | 332 |
86. Actions required for adequately capitalised licensed financial institutions or affiliates suffering losses | 334 |
87. Actions required for under capitalised licensed financial institutions, or affiliates | 335 |
88. Notification of removal of directors and officers | 336 |
89. Submission of returns and production of information as required by the Central Bank | 337 |
90. Central Bank may request further information | 339 |
91. Extension of period for providing information. | 339 |
92. Disclosure of basis for charges and fees | 339 |
93. Restriction on advertising likely to mislead the public | 340 |
94. Agreement or arrangement with foreign supervisory authority | 340 |
95. Furnishing of statement or return to participating governments | 340 |
96. Prohibition against providing false, misleading statements | 341 |
PART VIII | 341 |
CORPORATE GOVERNANCE | 341 |
97. Minimum criteria for determining whether a person is fit and proper | 341 |
98. Criteria for determining whether a person is fit and proper to be a significant shareholder | 343 |
99. Determining whether business carried out in prudent manner | 344 |
100. Requirement for fit and proper policy | 344 |
101. Notification to Central Bank of appointment of officers and directors | 345 |
102. Responsibility of board for corporate governance | 345 |
103. Removal and disqualification of director or officer | 346 |
104. Right to make representation | 348 |
105. Notice of confirmed removal | 348 |
106. Person to be removed from office | 348 |
107. Effective date of removal | 348 |
108. Failure to comply with a direction | 348 |
109. Failure to comply with section 103 | 349 |
110. Declaration and registration of related interest and conflict of interest by director | 349 |
111. Responsibility for deceiving statements and obstruction of audit or authorised examination | 350 |
112. Management's duty of compliance with the requirements of the laws | 351 |
113. Liability of directors, officers and partners | 351 |
PART IX | 352 |
OFFICIAL ADMINISTRATION | 352 |
114. Grounds for appointing an official administrator | 352 |
115. Notice of appointment of official administrator | 354 |
116. Effective date of appointment | 354 |
117. Persons qualified to be official administrator | 354 |
118. Period of appointment | 354 |
119. Replacement and removal of official administrator | 354 |
120. Official administrator to be fit and proper | 354 |
121. Declaration of conflict of interest | 355 |
122. Transactions to be approved by Central Bank | 355 |
123. Failure of official administrator to disclose interest | 355 |
124. General powers of the official administrator | 355 |
125. Central Bank oversight of official administration | 357 |
126. Suspension of dividends | 357 |
127. Moratorium and effect of official administration on proceedings | 357 |
128. Suspension of contractual early termination rights | 361 |
129. Taking control of the licensed financial institution | 361 |
130. Inventory and plan of action to resolve the licensed financial institution or licensed financial holding company | 362 |
131. Capital increase by existing shareholders | 365 |
132. Recapitalization by new shareholders | 365 |
133. Mergers, sales and other restructurings | 367 |
134. Mandatory restructuring of liabilities | 368 |
135. Misconduct by shareholders, directors, officers or others | 369 |
136. Expenses of the official administration | 369 |
137. Termination of official administration | 369 |
PART X | 371 |
RECEIVERSHIP AND COMPULSORY LIQUIDATION | 371 |
138. Grounds of receivership | 371 |
139. Qualifications and compensation for receiver | 372 |
140. Commencement and notice of receivership | 373 |
141. Central Bank oversight of receiver | 374 |
142. General powers of receiver | 374 |
143. Transfer of assets and liabilities | 376 |
144. Effects of receivership | 376 |
145. Taking control of the licensed financial institution or licensed financial holding company | 377 |
146. Repudiation of contracts | 378 |
147. Avoidance of pre-receivership transfers | 379 |
148. Obligations of lessors of licensed financial institution or licensed financial holding company premises and utility providers | 381 |
149. Protection of payment, clearance, and settlement systems | 381 |
150. Determination of claims | 382 |
151. Authority to disallow claims | 383 |
152. Claims relating to eligible financial contracts | 383 |
153. Priorities in payment of claims | 384 |
154. Unclaimed funds | 386 |
155. Safe deposits and unclaimed property | 386 |
156. Termination of receivership and final reporting to the Central Bank | 386 |
157. Receiver to notify Central Bank of fraudulent activities | 387 |
PART XI | 387 |
VOLUNTARY LIQUIDATION | 387 |
158. Voluntary liquidation | 387 |
159. Cessation of business operations | 388 |
160. Notice to depositors of voluntary liquidation | 388 |
161. Rights of depositors and creditors in voluntary liquidation | 388 |
162. Distribution of assets | 389 |
163. Insufficiency of assets in discharge of obligations in voluntary liquidation | 389 |
164. Audited accounts, and conclusion of liquidation | 390 |
165. Review of bank resolutions under Parts IX or X | 390 |
166. Non-application of Companies Act | 390 |
PART XII | 391 |
ABANDONED PROPERTY | 391 |
167. Abandoned property | 391 |
168. Report, publication and disposal of abandoned property | 392 |
169. Abandoned property to vest in the [Crown][State] | 393 |
170. Safe deposit boxes | 393 |
171. Sale of contents of a safe deposit box | 393 |
172. Handling of proceeds of sale of safe deposit box contents | 394 |
173. Claims on abandoned property | 394 |
174. Failure to file report or to pay property | 395 |
PART XIII | 395 |
TRANSFER OF BANKING BUSINESS | 395 |
175. Banking business vesting order | 395 |
176. Supplementary provision as to transfers | 397 |
177. Transfers to be subject to stamp duty | 400 |
PART XIV | 400 |
MISCELLANEOUS PROVISIONS | 400 |
178. Secrecy of information | 400 |
179. Administrative penalties | 401 |
180. Administrative penalties to be placed to the credit of Central Bank | 401 |
181. Schedule III offences | 401 |
182. Working days of licensed financial institutions and licensed financial holding companies. | 403 |
183. Regulations | 403 |
184. Prudential standards | 404 |
185. Court’s powers in legal claims against Central Bank | 405 |
186. Bridge financial institutions and asset management vehicles | 406 |
187. Participating Government financing of transfers of deposits | 407 |
188. Immunity | 407 |
189. Non-application of Aliens (Landholding Regulation) | 407 |
190. Provisions applicable to credit institution, class of credit institution and financial group | 407 |
191. Amendment of Schedules | 408 |
192. Repeal and savings | 408 |
193. Transitional | 408 |
SCHEDULE I | 409 |
Fees for Licensed Financial Institution | 409 |
SCHEDULE II | 410 |
Activities | 411 |
SCHEDULE III | 412 |
SCHEDULE IV | 413 |
ECCBLIB-#1078645-v1-ECCB Agreement - 31 Jan 2016_1 | 414 |