Section 65: Appointment of conservator
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
65. Appointment of conservator
Where the central bank deems it necessary in order to protect the assets
of a financial institution for the benefit of its depositors and other creditors,
it may appoint a conservator, which may be the central bank or any other
person directed by the central bank to be conservator, if the central bank has
reasonable cause to believe that—
(a) the capital of the financial institution is impaired or there is a
threat of such impairment; or
(b) the financial institution has, or its directors have—
(i) engaged in practices detrimental to the interests of its
depositors;
(ii) knowingly or negligently permitted its chief executive
officer, any of its other managers, officers or employees or
agents to violate the banking laws, any enactment relating
to anti-money laundering or prevention of terrorism or
guidelines and instructions issued by the central bank; or
(c) actions or violations referred to in paragraph (b) (ii) are about to
occur, or the assets of the financial institution are not sufficient
to give adequate protection to the bank’s depositors or creditors.
(S. 65 came into operation on 1 June 2007.)
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Questions this section answers
- When can the central bank appoint a conservator to take over a struggling bank?