Banking Act · s 59

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59.
(1) Where a bank —
(a) considers that it is likely to become unable to meet its obligations, or that it is insolvent, or about to suspend payments; or

Banking
(b) becomes unable to meet its obligations, or is insolvent, or suspends payments, it shall forthwith inform the Authority of such fact.
(2)  Upon receiving such information, and after an inspection or investigation is made under section 49, 50, 51, 52, 53 or 54, the Authority is of the opinion that —
(a) the bank is insolvent or is likely to become unable to meet its obligations or is about to suspend payment;
(b) the bank has contravened or failed to comply with any of the provisions of this Act; or
(c) the bank has contravened or failed to comply with any condition attached to its licence; or
(d) the bank has contravened or failed to comply with any condition attached to its licence; or
(e) it is in the public interest to do so, the Authority may exercise such one or more of the powers specified in subsection (3) as appears to it to be necessary.
(3) The powers referred to in subsection (2) are that the Authority may —
(a) require the bank concerned forthwith to take any action or to do or not to do any act or thing whatsoever in relation to its business as the Authority may consider necessary;
(b) appoint a person to advise the bank in the proper conduct of its business; or
(c) assume control of and carry on the business of the bank or direct some other person to assume control of and carry on the business of the bank.

Banking 70
(4) The Authority may, upon representation made to the Authority or on its own motion, modify or cancel any action taken by the Authority under subsection (2), and in so modifying or cancelling any action may impose such conditions as the Authority thinks fit, subject to which the modification or cancellation shall have effect.
(5) In this Act, any reference to the Authority having assumed control of or carrying on the business of a bank pursuant to the provision of this section is deemed to include a reference to the Authority having directed some other person to assume control of and carry on the business of that bank.

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s 59

(1)

Where a bank —

(a)

considers that it is likely to become unable to meet its obligations, or that it is insolvent, or about to suspend payments; or

Banking

(b)

becomes unable to meet its obligations, or is insolvent, or suspends payments, it shall forthwith inform the Authority of such fact.

(2)

Upon receiving such information, and after an inspection or investigation is made under section 49, 50, 51, 52, 53 or 54, the Authority is of the opinion that —

(a)

the bank is insolvent or is likely to become unable to meet its obligations or is about to suspend payment;

(b)

the bank has contravened or failed to comply with any of the provisions of this Act; or

(c)

the bank has contravened or failed to comply with any condition attached to its licence; or

(d)

the bank has contravened or failed to comply with any condition attached to its licence; or

(e)

it is in the public interest to do so, the Authority may exercise such one or more of the powers specified in subsection (3) as appears to it to be necessary.

(3)

The powers referred to in subsection (2) are that the Authority may —

(a)

require the bank concerned forthwith to take any action or to do or not to do any act or thing whatsoever in relation to its business as the Authority may consider necessary;

(b)

appoint a person to advise the bank in the proper conduct of its business; or

(c)

assume control of and carry on the business of the bank or direct some other person to assume control of and carry on the business of the bank.

Banking 70

(4)

The Authority may, upon representation made to the Authority or on its own motion, modify or cancel any action taken by the Authority under subsection (2), and in so modifying or cancelling any action may impose such conditions as the Authority thinks fit, subject to which the modification or cancellation shall have effect.

(5)

In this Act, any reference to the Authority having assumed control of or carrying on the business of a bank pursuant to the provision of this section is deemed to include a reference to the Authority having directed some other person to assume control of and carry on the business of that bank.