Beruflich Dokumente
Kultur Dokumente
TABLE OF CONTENTS
PART A
Subject
Page
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3
5
17
18
19
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20
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21
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23
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26
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27
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30
31
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32
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34
Unpaid Interest
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35
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36
40
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41
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42
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43
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44
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45
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46
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47
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48
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50
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52
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PART B
Page
1. Guidelines for External Auditors
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55
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63
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65
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81
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82
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86
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89
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90
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95
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96
11. Code of Corporate Governance for Banks and Other Financial Institutions
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97
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PART C
Directions to National Savings Bank
1.
Capital Adequacy
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2.
Reserve Fund
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3.
Liquid Assets
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4.
Investments in Equity
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5.
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6.
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1.
Liquid Assets
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Pawn Broking
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BANKING ACT
PART A
2
BANKING ACT
BANKING ACT
(i) Every licensed specialised bank shall submit to the Director of Bank Supervision of the
Central Bank a quarterly return as per instructions in Schedule I as at the close of business
on the last business day of the months of March, June, September and December of each
year.
Such quarterly returns should reach the Director of Bank Supervision on or before the last
working day of the months of April, July, October and January, immediately following the
respective reporting dates.
(ii) Every licensed specialised bank shall submit an annual return, based on the annual audited
accounts in the format given in Schedule I to the Director of Bank Supervision within six
months from the end of each financial year.
(3) Where a licensed specialised bank is unable to maintain the capital ratios referred to in
paragraph (1)(a) above, as at the quarter ending 31.03.1998 such specialised bank is granted
only a period of 3 months from 01.04.1998 in order to maintain the capital ratios.
(4) Adjustment to capital shall be effected in accordance with the instructions annexed to Schedule
I for this purpose.
BANKING ACT
Revaluation reserves (as approved by the Central Bank of Sri Lanka), general provisions, hybrid
(debt/equity) capital instruments, and minority interests arising from preference shares issued by
subsidiaries and approved subordinated term debt.
BANKING ACT
The Direction issued by the Monetary Board of the Central Bank of Sri Lanka, relating to
maintenance of Capital Adequacy Ratio dated 21 November 1997, under Section 76J(1) of the
Banking Act, No. 30 of 1998 as amended by Banking (Amendment) Act, No. 33 of 1995 is hereby
amended and would come into effect on 1 January 2002.
Sgd. A. S. Jayawardena
Governor
Colombo, on this 27th day of December, 2001.
DIRECTION
1. Delete Paragraph 1 of the Direction dated 21 November 1997 relating to maintenance of Capital
Adequacy Ratio as amended by the Direction dated 27 December 1999 and the Direcion dated
29 November 2000 and substitute therefor the following as Paragraph 1.
With effect from 1 January 2001, a licensed specialised bank having an equity capital as
defined in the Banking Act is required, at all times, to maintain a minimum Capital
Adequacy Ratio of 9% in relating to its Risk Weighted Assets with Core Capital
constituting not less than 4 1/2% upto 31 December 2002, and thereafter at all times, 10%
in relation to its Risk Weighted Assets with Core Capital constituting not less than 5%,
computed as per instructions in Schedule I attached hereto.
2. Every reference, in Schedule I of the Direction dated 21 November 1997 to the percentage of
the minimum Capital Adequacy Ratio as 8% and the Core Capital as 4% shall;
(a)
for the period commencing on 1 January 2001 and ending on 31 December 2002 be
amended to read as 9% and 4 1/2% respectively.
(b) for the subsequent period commencing on 1 January 2003 be amended to read as 10% and
5% respectively.
3. The Direction issued to licensed specialised banks on 29 November 2000 relating to the
maintenance of Capital Adequacy Ratio is hereby repealed.
SCHEDULE I
COMPLETION INSTRUCTIONS
RETURN ON RISK WEIGHTED CAPITAL ADEQUACY RATIO
Introduction
All licensed specialised banks are hereby informed that, the Central Bank of Sri Lanka, in keeping with current
international practice, will introduce with effect from 1st January, 1998, a risk weighted capital adequacy ratio based on
requirements laid down by the Banking Regulations and Supervisory Practices Committee (The BASLE Committee).
Exercising national discretion permitted under the BASLE arrangement, Central Bank has modified these
standards to suit the local conditions.
BANKING ACT
For the purpose of computing the capital adequacy ratio of specialised banks under the standard, the constituents
of capital would be divided into :Tier 1
Core Capital representing permanent shareholders equity (paid-up shares and common stock) and
reserves created or increased by appropriations of retained earnings or other surpluses, e.g., share premium,
retained profits and other reserves; and
Tier 2
Supplementary Capital representing revaluation reserves, general provisions and other capital
instruments which combine certain characteristics of equity and debt, such as hybrid capital instruments
and subordinated term debt.
The minimum capital adequacy standard to be achieved is a risk weighted asset ratio of 8* per cent with core
capital constituting not less than 4 per cent.
All On-Balance Sheet Items have been assigned weights from 0-100% (see Section B Form I) in line with
international practice, adjusted wherever necessary to reflect risk attaching to assets in the local context. Off-Balance
Sheet Items are also included in the computation by converting them into on Balance Sheet equivalents before being
allocated a risk weight.
A locally incorporated bank is required to compute its capital adequacy requirements on a consolidated basis
i.e. combining its Sri Lankan operations with those of its overseas branches (if any) and subsidiaries.
These standards will be brought into operation with effect from 1st January, 1998. However, a Bank that cannot
comply with the requirements on or before the deadline stipulated must apply to the Central Bank of Sri Lanka in writing
for a deferment of the application of these standards.
The monitoring of the capital adequacy standard will be undertaken on the basis of returns submitted to the
Director/Bank Supervision at the end of each quarter and annually after finalisation of the audited balance sheet of a
Bank. The first quarterly return under the arrangement is due as at 31st March, 1998.
These instructions consist of 3 sections :
Section A General instructions
Section B Reporting Requirements
Section C Definitions and Clarifications
Section A General Instructions
Submission of Returns
(i)
Specialised Banks are required to submit the quarterly Returns in the format provided at the end of each
quarter, not later than 30 days after the close of each quarter.
(ii)
The annual Return based on the audited consolidated Balance Sheet should be submitted in the format
provided within six months of the close of the financial year.
Relates to the computation of the Risk Weighted Assets on on-balance sheet items and off-balance
sheet items (two sheets).
Form 2
Relates to the computation of the Balance Sheet equivalent of off-balance sheet items (two sheets).
Form 3
Form 4
Section - B
RETURN ON RISK-WEIGHTED CAPITAL RATIO
OF SPECIALISED BANKS IN SRI LANKA
Name of Institution :
We certify that
(1)
this return is, to the best of our knowledge and belief, correct;
and
* see par
agraph (1) of the
ections
Dir
As at :
Quarterly/Annual Return
BANKING ACT
(2)
the capital adequacy ratio was, at any time during the quarter/year under review, not less than that stipulated by
Directions made by the Monetary Board of the Central Bank of Sri Lanka under Section 76J(1)(a) of Banking Act
No.30 of 1988 as amended by Banking (Amendment) Act No.33 of 1995.
______________________________
Chief Accountant/Authorised Officer
______________________________
Chief Executive
______________________________
Name
______________________________
Name
Date :
Date :
FORM 1 : ON BS
RETURN ON RISK-WEIGHTED CAPITAL RATIO
COMPUTATION OF RISK-WEIGHTED ASSETS OF SPECIALISED BANKS
[On-Balance Sheet Items]
Name of Institution :
As at :
Code
Total
Risk
Weight
Cash
02.
0%
03.
0%
04.
0%
05.
0%
06.
0%
07.
07.01
0%
07.02
0%
07.03
0%
07.04
0%
07.06
Local Currency
Foreign Currency
Credit
Equivalent of
Off-Balance
Sheet Items
01.
07.05
BSD LSB - Dir. to All/NSB/SMIB/RDBs
Assets
Principal Amount
of
On-Balance Sheet
Item
0%
0%
10%
20%
07.07
20%
07.08
20%
07.09
Guranteed by SLECIC
50%
07.10
RiskWeighted
Assets
Amount
BANKING ACT
50%
07.11
100%
08.
0%
09.
20%
10.
20%
11.
20%
12.
100%
13.
Fixed Assets
100%
14.
Other Assets
100%
15.
Total
* Loans and Advances should be net of specific provisions and interest in suspense
FORM 2 : OFF BS
RETURN ON RISK-WEIGHTED CAPITAL RATIO
COMPUTATION OF RISK-WEIGHTED ASSETS OF SPECIALISED BANKS
[Off-Balance Sheet Items]
Name of Institution :
As at :
16.
16.1
16.2
16.3
16.4
17.
17.1
17.2
17.3
18.
18.1
18.2
18.3
18.4
19.
19.1
19.2
19.3
19.4
19.5
19.6
20.
20.1
Instruments
Credit
Conversion =
Factor
Credit
Equivalent of
Off-Balance
Sheet Items
100%
50%
20%
100%
50%
Code
Principal
Amount of X
Off-Balance
Sheet Item
BANKING ACT
20.2
20.3
21.
21.1
21.2
21.3
21.4
22.
22.1
22.2
22.3
23.
Total
0%
50%
The exposure on off-balance sheet items is to be included in the computation of the risk weighted capital ratio. The conversion of the
credit risk inherent in each off-balance sheet item would be converted into an on-balance sheet credit equivalent by multiplying the
principal amount by a credit conversion factor. Credit equivalent amount would then be weighted according to the nature of the
corresponding asset item.
As at :
Constituents of Capital
TIER 1 : CORE CAPITAL
24.
25.
26.
Share Premium
27.
28
29.
30.
Surplus/Loss after tax arising from the sale of fixed and long-term investments
31.
32.
33.
Sub Total
Deductions
34.
35.
Goodwill
TOTAL TIER 1 CAPITAL
37.
General Provisions
38.
39.
Amount
10
BANKING ACT
42.
43.
TOTAL CAPITAL
LIMITS :
(i) ++ Approved Subordinated Term Debt is limited to 50% of Total Tier 1 Capital.
NB : The actual amount of the subordinated debt should be reported.
(ii)
(iii)
The total of Tier 2 Supplementary Elements should not exceed a maximum of 100 % of Tier 1
Elements.
General Provisions should not exceed 1.25 % of Risk-Weighted Assets.
Name of Institution :
As at :
Constituents
Amount
43.
Total Capital
44.
Deductions
44.1
44.2
45.
Capital Base
FORM 4 : RATIOS
RETURN ON RISK-WEIGHTED CAPITAL RATIO
COMPUTATION OF CAPITAL ADEQUACY RATIOS OF SPECIALISED BANKS
Name of Institution :
As at :
35.
45.
46.
Risk-Weighted Assets
100
Risk-Weighted Assets
100
Code
BANKING ACT
11
SECTION C
02.
03.
04.
05.
06.
7. Finland
8. France
9. Greece
10. Iceland
11. Ireland
12. Italy
13. Japan
14. Luxembourg
15. Netherlands
16. New Zealand
17. Norway
18. Portugal
19. Spain
20. Sweden
21. Switzerland
22. Turkey
23. United Kingdom
24. United States
12
BANKING ACT
08.
09.
10.
11.
12.
OTHER INVESTMENTS
Investments in equity or other capital instruments in quoted or unquoted companies as reported in the balance
sheet that are not deducted from the total capital in the computation of the capital base.
13.
FIXED ASSETS
The item includes bank premises, immovable property, machinery and equipment, motor vehicles, furniture and
fittings and other fixed assets, reported at cost or the revalued amount, net of accumulated depreciation.
14.
OTHER ASSETS
16.1
16.2
BANKING ACT
13
equivalent to that of a direct claim on the counterparty. This includes stand-by Letters of Credit serving as
financial guarantees for loans, securities and other financial liabilities.
16.3
Bank Acceptances :
Liabilities arising from acceptances on accommodation of bills but excludes bills that have been discounted by
the bank itself. Risk participation and other similar commitments undertaken to repay the financial obligation of
a customer on his failure to do so, should be included.
16.4
Others
Any other obligation which carries the same risk of loss in the transaction and is equivalent to that of a direct
claim on the counterparty.
17.
17.1
TRANSACTION-RELATED CONTINGENCIES
Performance Bonds, Bid Bonds & Warranties :
Transaction-related contingent items such as Performance Bonds, Bid Bonds and Warranties where the risk of
loss arises from an irrevocable obligation to pay a third party the non-financial obligation of the customer upon
his failure to fulfil obligations under a contract or a transaction. Such contingencies would crystallise into actual
liabilities depending upon the occurence or non-occurrence of an event other than that of a defualt in payment by
the counterparty.
17.2
17.3
Others :
Other contingent liabilities arising from an irrevocable obligation to pay a third party, the non-financial
obligation of a customer upon his failure to fulfil such obligation or terms under contract or transaction.
18.
18.1
18.2
18.3
Trade-related Acceptances :
Liabilities arising from acceptances that are based on a specific trade transaction either domestic or foreign. E.g.
Letters of Credit.
18.4
Others
Contingent Liabilities arising from short-term self-liquidiating trade related obligations
19.
SALE AND REPURCHASE AGREEMENTS AND ASSETS SALE WITH RECOURSE WHERE THE
CREDIT RISK REMAINS WITH THE BANK
Risk-weight for these items should be determined according to the underlying assets or the issuer of the assets
rather than the counter party with whom the transaction had been entered into.
19.1
19.2
14
19.3
BANKING ACT
Other Assets Sold with Recourse :
Assets sold with recourse where the credit risk remains with the reporting institution. The holder of the asset is
entitled to put the assets back to the reporting institution within an agreed period or under certain prescribed
circumstances - e.g. deterioration in the value or credit quality of the asset concerned.
19.4
19.5
Partly-Paid Shares/Securities
Unpaid amounts on partly-paid shares and securities where the issuer may call upon the Bank to pay at a predeternmined or unspecified date in the future.
19.6
Others
Placements of forward forward deposits and other commitments with certain drawdown. A forward forward
deposit is an agreement between two parties whereby one will place and other will receive, at a pre-determined
future date, a deposit, at an agreed rate of interest. A commitment to place a forward forward deposit should be
reported under this item and weighted according to the risk-weight appropriate to the counterparty.
20.
20.1
20.2
20.3
Others :
Other obligations due to on-going underwriting agreements.
21.1
21.2
21.3
21.4
Others :
Any other commitment with an original maturity upto one year or which can be unconditionally cancelled at any
time.
22.
22.1
22.2
22.3
Others :
Any other commitment with an original maturity of over one year. Original maturity is defined as the length of
time between the date the commitment is made and the earliest date on which the reporting bank, at its option,
unconditionally cancels the commitment.
21.
BANKING ACT
15
CAPITAL ELEMENTS
24.
25.
26.
SHARE PREMIUM
The excess of issue price over the par value of the ordinary shares or common stock or non-cumulative nonredeemable preference shares.
27.
28.
29.
30.
SURPLUS/LOSS AFTER TAX ARISING FROM SALE OF FIXED & LONG TERM INVESTMENTS
Any surplus/loss after tax arising from the sale of fixed and long term investments since the closing date of the
last audited accounts. Net loss arising from the sale of fixed and long term investments should be reported in
parenthesis and deducted from the other capital constituents.
31.
32.
33.
SUB TOTAL
Total of core capital items 24 to 32.
34.
GOODWILL
Report the amount of goodwill as shown in the balance sheet.
35.
To arrive at total Tier 1 capital, deduct goodwill from the sub total at item 33.
36.
REVALUATION RESERVES
Revaluation reserves may be included within Tier 2 Supplementary Capital provided that such revaluation is
prudently valued reflecting fully the possibility of price fluctuations and forced sale, with the PRIOR approval of
the Central Bank of Sri Lanka.
37.
GENERAL PROVISIONS
General provisions or general loan loss reserves created against the possibility of future losses. Where they are
not ascribed to particular assets and do not reflect deduction in the valuation of particular assets, they qualify for
inclusion in Tier 2 Supplementary Capital. General provisions should not exceed 1.25% of the sum of all risk
weighted assets.
16
BANKING ACT
38.
Not redeemable at the initiative of the holder or without the prior consent of the Central Bank of Sri
Lanka.
(iii)
Available to participate in losses without the Bank being obliged to cease trading.
(iv)
Obligation to pay interest that can be deferred where the profitability of the Bank would not support such
payment.
Prior approval of the Central Bank of Sri Lanka is required for the inclusion of such items in the capital base.
39.
40.
Early repayment or redemption shall not be made without the prior consent of the Central Bank of Sri
Lanka.
(iv)
The amount counted as capital should be discounted by 1/5th each year during the four years preceding
maturity.
Approved subordinated term debts are limited to 50% of total Tier 1 capital. The actual amount of subordinated
debt also should be reported.
41.
42.
43.
TOTAL CAPITAL
The total of Tier 1 capital (35) and eligible Tier 2 capital (42).
44.1
44.2
(a)
Twenty per cent or more but not more than fifty percent of the institutions issued share capital, and
(b)
Investments in the capital of financial associates, made under the sponsorship of the Sri Lanka Government or the
Central Bank of Sri Lanka, are excluded from the computation of the capital base. However, such investments
should be reported as on-balance sheet assets under other investments.
45.
CAPITAL BASE
The amount after deducting items 44.1 and 44.2 from the total capital (item 43).
46.
BANKING ACT
17
Yours faithfully,
Director of Bank Supervision
18
BANKING ACT
I refer to the Directions on Capital Adequacy Ratio dated 21 November 1997 as amended on
27 December 2001 and write to clarify the following requirements relating to maintenance of the Capital
Adequacy Ratio (CAR) in terms of the said Directions :
I. All Licensed Specialised Banks (LSBs) are required at all times to maintain a CAR of 10 per cent
at the minimum in relation to its risk weighted assets, with core capital constituting not less than
5 per cent, both on a bank only/solo basis and on a consolidated basis i.e. including the bank and all
subsidiaries.
II. Accordingly, all LSBs are required to submit two returns on the statutory Capital Adequacy Ratio
as at the end of each quarter of the year, commencing from the quarter ended 31 December 2003, as
follows:
(a) Return indicating the CAR on a bank only/solo basis.
(b) Return indicating the CAR on a consolidated basis.
III. All LSBs are also required to submit the above two returns based on the audited data after the
completion of the annual audit, in addition to the quarterly returns.
Yours faithfully,
BANKING ACT
19
All Domestic Licensed Commercial Banks and Licensed Specialised Banks are hereby informed that
the proceeds of redeemable cumulative preference shares would constitute part of Capital Funds of banks for
the purpose of Banking Act, and the directions issued thereunder, relating to the basis for the computation of
the Single Borrower Limit and Investments in Equity in terms of section 46 and 17 A respectively and,
section 76 J (1) of the Banking Act.
Yours faithfully,
20
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
2. For the purposes of this direction intangible assets shall mean goodwill, preliminary expenses
including legal and other fees, all capitalized expenses and other items not represented by
tangible assets.
BANKING ACT
21
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
Subject to paragraphs 2 and 3 below a licensed specialised bank having an equity capital as
defined in the Banking Act shall not invest in the equity of any institution other than a public
company and
1.1 any shareholding acquired by such bank shall not be in excess of ten percent of its capital
funds; and
1.2 the aggregate amount invested in the shares of public companies shall not exceed fifty
percent of its capital funds:
Provided that such acquisition or holding of shares in terms of paragraph 1.1 above shall not
exceed twenty per cent of the paid up capital of the public company:
Provided further a licensed specialised bank may, without exceeding the limits specified above,
acquire shares in a company other than a public company if such acquisition becomes necessary
for the purpose of rehabilitating such company to make it financially viable.
2.
2.1 A licensed specialised bank is permitted to invest in the equity of a private company
subject to sub paragraph 2.2 below of this paragraph, provided such investment does not
exceed 20% of the paid up capital of the private company and 10% of the capital fund of
the licensed specialised bank provided further that the aggregate amount of such
investments in the private companies shall not exceed 25% of the capital funds of the
licensed specialised bank and the total aggregates of its investments in private and public
companies shall not exceed 75% of its capital funds.
2.2 Any equity investment in a private company by a licensed specialised bank shall be
subject to the condition that before the lapse of five years from the date of such
investments or such longer period extended by the Central Bank :
2.2.1
the entire investment in the company shall be purchased by the other shareholders
of the company or
22
BANKING ACT
2.2.2
The provisions of paragraph 1 above shall not apply to 3.1 investment in a subsidiary or associate company of the bank acquired or formed prior to
the issue of these directions.
3.2 investments in any other subsidiary or associate company acquired or formed with the
approval of the Central Bank of Sri Lanka.
3.3 any shareholding which the bank has acquired or might acquire in the course of the
satisfaction of any debt due to such bank, or as a consequence of the underwriting of a
share issue:
Provided that, where as a result of the acquisition of these shares the total investment of
the bank exceeds the percentage of capital funds as determined by the Monetary Board
under paragraph 1 above, the bank shall dispose of such excess shares within two years or
such longer period as may be determined by the Central Bank of Sri Lanka, from the date
of this direction or the date of the acquisition whichever is later.
3.4 Any equity which the bank has acquired or might acquire consequent to a statutory
provision in an Act establishing a financial institution.
3.
BANKING ACT
23
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
The objective of these requirements is to establish a common standard for income recognition and loan loss
provisioning which would be in line with the accepted international practices.
2.
These requirements represent the minimum requirement that the license specialised banks should observe in respect
of interest-in-suspense, classification of advances as non-performing and specific provision for bad and doubtful
advances. Any specialised bank which chooses to adopt a more stringent standard is encouraged to do so.
3.
24
BANKING ACT
aggregate, the period of time the account is in arrears
before rescheduling (if any) and after rescheduling is 3
months or more.
Where rescheduling occurs after an account has been
classified as non-performing, the rescheduled account
shall continue to be classified as non-performing.
Rescheduled loans classified as non-performing can
be declassified only when the repayments under the
rescheduled terms have been complied with for a
continuous period of six months.
All advances classified as non-performing should be segregated from other advances so as to facilitate close followup action.
Treatment of interest on non-performing advances
All interest accrued (but uncollected) from the date an advance is classified as non-performing shall forthwith be
suspended and credited to the Interest-in-Suspense account. It is suggested that the Interest-in-Suspense account
may be suitably responded to by maintaining an Interest Receivable Account (Loans).
Interest earned on an account which has been classified as non-performing shall only be recognised as income as and
when the interest has been collected by the bank. In other words, interest is recognised as income on a cash basis.
Reclassification on non-performing advances as performing
Upon settlement of all arrears in interest/principal due on a non-performing account, the account may be reclassified
as a performing account and thereafter, interest may be recognised as income on an accrual basis. However, funds for
the repayment of the arrears should not be obtained from the creation of new loans or debt instruments from the same
bank in the name of the same borrower.
As stated under (III) at page 1 above, a non-performing advance which has been rescheduled shall be reclassified as
performing only when the repayments under the rescheduled terms have been complied with for a continuous period
of 6 months. On the other hand, for an account which was performing at the time of rescheduling but subsequently
turned non-performing, the account shall be reclassified as a performing account upon full settlement of the
repayments in arrears under the rescheduled terms.
Classification of accounts and provisioning
For the classification of accounts the banks are to be guided by the principles enumerated below. Public sector
borrowers should be treated on an equal footing with private sector borrowers unless the facility extended is
supported by a Treasury Guarantee. Where a facility is guaranteed by the Central Bank, commercial banks, the World
Bank, the Asian Development Bank or any other financial institution approved by the Central Bank, provision should
be made only to the extent of the banks exposure.
(i)
Substandard Accounts
Credit facilities of which the situation of the borrower makes it uncertain that part or the entirety of the
facility will be repaid including those that are in arrears for six months or more but less than twelve months,
shall be classified substandard. Characteristically, these are advances which involve more than normal risk
of loss due to unsatisfactory debt servicing record or financial condition of the borrower, insufficiency of
collateral or any other factors which give rise to some doubts as to the ability of the borrower to comply with
the present repayment terms. Consequently there is also the distinct possibility that the specialised bank will
be likely to sustain some loss if these deficiencies are not corrected.
The specialised banks are required to make specific provision to cover the amount of the expected exposure,
but not less than 20 per cent of the amount of outstanding, net of any realisable security value and interest
suspensed in the event of such interest being debited to the advances account.
Loss Accounts
4.
BANKING ACT
25
Credit facilities where the situation of the borrower makes it virtually certain that the facility will not be
repaid including those that are in arrears for over 18 months shall be classified loss. These advances are
deemed uncollectible and worthless. The accounts classified loss should be covered by a specific provision
equivalent to 100 per cent of the amount of outstanding net of realisable security value, if any, and interest
suspensed in the event of such interest being debited to the advances account.
In exceptional cases, provisions prescribed by the requirement can be varied with the approval of the
Director of Bank Supervision on the basis of representations made by individual banks.
26
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
3.1
Cash in hand.
3.2
3.3
3.4
3.5
Treasury bills and securities issued or guaranteed by the Government of Sri Lanka which
have a maturity not exceeding one year.
3.6
Goods receipts.
3.7
3.8
Inland bills.
3.9
3.10 Treasury Bonds issued under Section 21 A of the Registered Stock and Securities
Ordinance. (see page 47)
3.11 Such other assets as may be determined by the Monetary Board.
BANKING ACT
27
Directions given by the Monetary Board under Section 76J(1) of the Banking Act No. 30 of
1988 as last amended by the Banking (Amendment) Act No. 33 of 1995.
Sgd. A. S. Jayawardena
Governor
Colombo
23-11-1999.
Maximum percentage of
ownership of shares.
28
BANKING ACT
Non-application of paragraph 2.
BANKING ACT
29
30
BANKING ACT
1.2.2
2. 2.1 For purpose of single borrower limit, accommodation granted against the security of
items, indicated at 2.2.1 to 2.2.4 below, shall not be included in the computation of single
borrower limit.
2.2.1 Cash;
2.2.2 Government/Central Bank Securities;
2.2.3 Treasury/Central Bank Guarantees;
2.2.4 Guarantees issued by Asian Development Bank, International Development
Association, World Bank or other International Institutions acceptable to the
Central Bank of Sri Lanka.
2.3 The provision of paragraph 1 shall not apply to inter lending of licensed specialised banks.
2.4 For purpose of computing the maximum amount of accommodation under paragraph 1
above, the outstanding amount of all accommodation granted before or after the issue of
direction shall be taken into account.
Provided that accommodation exceeding fifteen per cent of capital funds granted under
paragraph 1.1 or 1.2 above shall not when aggregated exceed fifty per cent of its total advances
including total commitment to undertake contingent liabilities, as at end of the preceding
financial year.
BANKING ACT
31
Colombo
18 November, 2003
Sgd. A S Jayawardena
Governor
32
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
has a shareholding in excess of 10 per cent of the paid up capital of the concern if
such concern is a company;
1.2.2
3. Where any accommodation has been granted by a licensed specialised bank to a person or close
relation of a person or to any concern mentioned at paragraph 1.2.1 or 1.2.2 above, and if that
person is a director of a licensed specialised bank on the date of this direction or appointed a
director after the date of this direction, steps shall be taken to obtain such specified security
referred to at paragraph 7 below within one year from the date of this direction or from the date
of appointment as a director as may be applicable or such longer period as may be given by the
Monetary Board.
4. Where such special security at paragraph 7 below has not been provided within the time period
granted or any extension granted by the Monetary Board, such director shall be deemed to have
vacated office on the expiry of the period granted /extended to obtain such specified securities
under paragraph 3 above.
BANKING ACT
33
5. Provisions of paragraph 3 & 4 above shall not apply if and when the director concerned vacates
such office by death, retirement, resignation or otherwise.
6. No accommodation or any part thereof, granted by a licensed specialised bank to a director or a
close relation of the director or to any concern mentioned at paragraph 1.2.1 & 1.2.2 above, shall
be remitted without the prior approval of the Monetary Board and any such remission without
such approval shall be null and void.
7. The specified securities referred to at paragraphs 1, 3 & 4 above shall be 7.1 Sri Lanka Government Guarantees;
7.2 Bank Guarantees;
7.3 Guarantees of International Financial Institutions;
7.4 Government or Central Bank Securities provided that the accommodation granted would
not exceed 90 per cent of the face value or market value, whichever is lower of such
securities;
7.5 Cash Deposits held under lien to the order of the lending licensed specialised bank
provided that the accommodation granted would not exceed 90 per cent of such cash
deposits;
7.6 Life Insurance Policies issued in Sri Lanka and assigned to the lending licensed specialised
bank provided that the accommodation granted would not exceed 75 per cent of the
surrender value of such policy;
7.7 Immovable property held on a freehold basis and on which a primary mortgage has been
taken by the lending licensed specialised bank provided that the accommodation granted
would not exceed 60 per cent of the value of such property;
7.8 Immovable property held on a leasehold basis provided that 7.8.1 the lease has been granted by a statutory body;
7.8.2 the unexpired period of lease is at least 50 years;
7.8.3 there is no prohibition on the mortgage of the leasehold rights contained in the
Deed of Lease, or if the Deed of Lease requires the prior approval of the Lessor for
the mortgage of the leasehold rights such approval has been obtained from the
Lessor;
7.8.4 a primary mortgage has been taken on the leasehold rights by the lending licensed
specialised bank;
and provided further that the accommodation granted does not exceed 60 per cent
of such property.
7.9 Shares of Public Companies quoted on the Colombo Securities Exchange provided that the
accommodation granted would not exceed 50 per cent of the market value of such shares;
7.10 Mortgage of Stock-in-Trade provided that the accommodation granted would not exceed
30 per cent of the market value of such stock-in-trade;
7.11 Pledge of non-perishable goods of a commercial nature which are readily marketable,
excluding all manufactured foods and other items with a limited shelf life, provided that
the accommodation granted would not exceed 40 per cent of the market value of such
goods;
7.12 Mortgage of Plant and Machinery provided that the accommodation granted shall not
exceed 50% of the value of such plant and machinery as at date of accommodation.
34
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
3.2 acquiring immovable property reasonably required for purpose of conducting its business,
or housing or providing amenities to its staff.
BANKING ACT
35
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
1.4 on the security of shares of a company in which a company referred to in 1.2 above has a
shareholding, in excess of ten percent of the paid up capital of the former company.
36
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
1.
The objective of these requirements is to establish a common standard for income recognition and loan loss
provisioning which would be in line with the accepted international practices.
2.
These requirements represent the minimum requirement that the license specialised banks should observe in respect
of interest-in-suspense, classification of advances as non-performing and specific provision for bad and doubtful
advances. Any specialised bank which chooses to adopt a more stringent standard is encouraged to do so.
3.
BANKING ACT
37
Substandard Accounts
Credit facilities of which the situation of the borrower makes it uncertain that part or the entirety of the
facility will be repaid including those that are in arrears for six months or more but less than twelve months,
shall be classified substandard. Characteristically, these are advances which involve more than normal risk
of loss due to unsatisfactory debt servicing record or financial condition of the borrower, insufficiency of
collateral or any other factors which give rise to some doubts as to the ability of the borrower to comply with
the present repayment terms. Consequently there is also the distinct possibility that the specialised bank will
be likely to sustain some loss if these deficiencies are not corrected.
The specialised banks are required to make specific provision to cover the amount of the expected exposure,
but not less than 20 per cent of the amount of outstanding, net of any realisable security value and interest
suspensed in the event of such interest being debited to the advances account.
(ii) Doubtful Accounts
Credit facilities with a high risk of partial default including those that are in arrears for 12 to 18 months shall
be classified doubtful. Usually these advances are accounts where full collection is improbable and there is a
high risk of default. The specialised banks are required to make a specific provision to cover the amount of
the expected exposure, but not less than 50 per cent of the amount outstanding, net of realisable value of
security and interest suspensed in the event of such interest being debited to the advances account.
(iii)
Loss Accounts
Credit facilities where the situation of the borrower makes it virtually certain that the facility will not be
repaid including those that are in arrears for over 18 months shall be classified loss. These advances are
deemed uncollectible and worthless. The accounts classified loss should be covered by a specific provision
38
BANKING ACT
equivalent to 100 per cent of the amount of outstanding net of realisable security value, if any, and interest
suspensed in the event of such interest being debited to the advances account.
In exceptional cases, provisions prescribed by the requirement can be varied with the approval of the
Director of Bank Supervision on the basis of representations made by individual banks.
SCHEDULE II
Where a auction under the powers of parate execution has not yet been instituted, the forced sale value (FSV)
has to be taken provided that a current professional valuation report on property to that effect is available.
(b) Where resolution has been passed under parate execution to auction the property but action is pending,
minimum price (MP), if so fixed, is to be used.
(c)
Where auction has not been successful and the FSV of the property is lower than the MP, FSV is to be used.
(d) Where unsuccessful MP is based on FSV and where new MP has to be determined, a 10 per cent discount
should be made on the unsuccessful MP.
Note : Current Professional Report is defined as a report that is not more than two years old.
(2)
(3)
(4)
(5)
(6)
Assignment of Shares
(a) Quoted
Normally, 90 per cent of the latest market price is to be taken. Appropriate discounts should be considered if
the shares are either thinly traded and/or comprise a large block of shares. Premiums may only be considered
where there is a valid offer at the highest price as evidenced by a firm commitment, such as, purchase
contracts or undertaking letters provided by brokers.
If trading has been suspended (other than temporary suspension), the net realisable tangible asset value, as
per the latest audited financial statements (not more than 18 months old), is to be used provided an auditors
certificate evidencing the value per share is available. If appropriate financial statements/certificates are not
available, no value is to be given. In the case of shares where sales are temporarily suspended, the last quoted
prior to suspension may be used.
Value may be given provided the shares are marketable. Appropriate value may be determined on the basis of
75 per cent of the net tangible asset value per share as certified by the companys auditors. A higher valuation
may be given only if there is a firm purchase commitment as evidenced by purchase contracts or undertaking
letters provided by brokers.
(7)
(b) Unquoted
BANKING ACT
39
In the absence of professional valuation the net book value calaculated by using a 25 per cent depreciation
rate on the straight line basis, taking into account the date of original registration and the acquisition price on
that date, would be applicable.
(8)
(9)
Hypothecation of Stock-in-Trade
30 per cent of the current value of stocks provided that the level of stock-in-trade is closely monitored by the bank.
Government Guarantees
Full value.
(d) Others
To be considered on a case by case basis.
(13) All other Securities
To be considered on a case by case basis which should be documented in the relevant credit file.
40
BANKING ACT
60%
50%
40%
i. In respect of loans granted against residential property which is occupied by the borrower for
residential purposes is a report that is not more than four years old.
ii. In respect of loans granted for all other purposes is a report that is not more than three years old.
Colombo
15 August, 2003
Sgd. A S Jayawardena
Governor
All immovable property held as collateral, relating to loans in the Loss category for more than
4 years should be reviewed on a regular basis, and discounted further at the discretion of the
Management.
Note: A Current professional valuation report,
BANKING ACT
41
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
2. The approval under these directions may be granted subject to such terms and conditions as may
be specified by the Monetary Board.
42
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
1. A Licensed specialised bank which is a company as defined in Section 449 of the Companies
Act, No.17 of 1982, shall not alter its Memorandum of Association and the Articles of
Association, without the prior written approval of the Central Bank.
BANKING ACT
43
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
1. No licensed specialised bank incorporated or established within Sri Lanka by or under any
written law shall pay any dividend on its shares until all its capitalised expenses including
preliminary expenses and other items of expenditure not represented by tangible assets, have
been completely written off.
44
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
2.3 he has done an act or thing which is manifestly opposed to the objectives and interests of
the licensed specialised bank.
BANKING ACT
45
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
3. This direction shall not apply to the person presently employed as the Secretary of any
Institution specified in Schedule III of the Banking Act.
46
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
3. No licensed specialised bank shall employ or be managed by a managing agent other than an
employee of such licensed specialised bank.
BANKING ACT
47
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
1. Without the prior written approval of the Central Bank, no licensed specialised bank shall sell,
transfer, assign or dispose of any of its immovable assets below the market value of the assets or
increase the valuation of the assets as recorded in the books of the bank above the market value
of the assets, excluding immovables property acquired in default of a debt.
48
BANKING ACT
BS/38/90
Dept. of Bank Supervision
8th Floor, Renuka Building
41, Janadhipathi Mawatha
Colombo 1.
30-04-1998
TO : Licensed Specialised Banks (03)
Dear Sir,
Yours faithfully,
Sgd. Y. A. Piyatissa
Director of Bank Supervision
1.
2.
3.
P. O. Box 918
315 Vauxhall Street
Colombo 2.
Name
BANKING ACT
4.
5.
45 Braybrooke Street
Colombo 2.
6.
17 Park Avenue
Colombo 5.
7.
P. O. Box 210
50/2 Sir James Peiris Mawatha
Colombo 2.
8.
Charter House
65/2, Sir Chittampalam A. Gardiner Mawatha
P. O. Box 962
Colombo 2.
9.
10.
49
50
BANKING ACT
BANKING ACT
51
Non-application of Directions
52
BANKING ACT
BS/31/90 Vol. IV
Bank Supervision Department
8th Floor, Renuka Building
41, Janadhipathi Mawatha
Colombo 1.
18th May, 1998
TO : Licensed Specialised Banks
LIQUID ASSETS
DIRECTION UNDER SECTION 76J(3) OF THE
BANKING ACT NO.30 OF 1988 AS AMENDED BY ACT NO.33 OF 1995
The Monetary Board, in terms of Paragraph 3.10 of the above mentioned Directions dated
21st November 1997, has determined that Treasury Bonds issued under Section 21 A of the
Registered Stock and Securities Ordinance shall be liquid assets.
The Licensed Specialised Banks may, therefore, take into account the Treasury Bonds they
hold on their account for the purpose of complying with the provisions of the Directions issued
under Section 76J(3) of the Banking Act No.30 of 1988 as amended by Act No.33 of 1995, relating
to their obligation to maintain the required amount in liquid assets.
Yours faithfully,
Sgd. Y. A. Piyatissa
Director of Bank Supervision
Section 76J(3)
SMIB
NSB
BANKING ACT
PART B
GUIDELINES
53
54
BANKING ACT
BANKING ACT
55
BS/38/90
Dept. of Bank Supervision
8th Floor, Renuka Building
41, Janadhipathi Mawatha
Colombo 1.
20 May 1998
TO : All approved External Auditors of
Licensed Specialised Banks
Dear Sir,
As you are aware, the Central Bank of Sri Lanka, as the supervisory authority for licensed
commercial banks and specialised banks in Sri Lanka, is charged with the responsibility of ensuring
that there is a great degree of consistency of bank audits and standard procedures which can be
followed by approved auditors. Accordingly, we enclose herewith a set of Guidelines for External
Auditors relating to their statutory duties under Section 39 of the Banking Act No.30 of 1988, as
amended by Banking Act No.33 of 1995.
Since your Firm is on the panel of approved auditors of the Central Bank, you are required to
ensure that the audit of licensed commercial banks/licensed specialised banks, are in conformity
with these guidelines, with effect from the financial year 1998.
Please note that wherever the expression licensed commercial banks appears in the
guidelines, it would also include licensed specialised banks.
Please acknowledge receipt of this letter and the enclosures.
Yours faithfully,
Sgd. Y. A. Piyatissa
Director of Bank Supervision
56
BANKING ACT
BANKING ACT
57
(1)
(2)
(3)
(4)
2.
The auditing guidelines envisaged by the Central Bank for the audit of licensed commercial banks in Sri Lanka do
not seek to provide an exhaustive listing of the procedures and practices to be used in an audit. Rather, they seek to
stress special audit considerations for instance concerning related party transactions, or the risks they assume
resulting from the use of electronic data processing and electronic fund transfer systems connected to the specific
characteristics of Banks. These guidelines acknowledge the audit objectives which are of particular importance in
relation to the typical items in a Banks financial statement and encourage substantive audit procedures for the
evaluation of loan loss provisions, income recognition, etc. It is hoped that these guidelines will encourage a greater
degree of consistency in Bank audits and set standard procedures which can be followed by Auditors in Sri Lanka.
3.
With a view to ensuring that the interests of depositors are not at risk because of adverse changes in the financial
position or in the management or other resources of an institution, External Auditors, in performing their statutory
duties under the Banking Act and in recognizing the dependence of the Central Bank on prudential returns and other
information submitted by licensed commercial banks, shall ensure :
4.
In terms of Section 39 of the Banking Act, the Central Bank of Sri Lanka, as the supervisory authority for licensed
commercial banks in Sri Lanka, is charged with the responsibility of ensuring that the audits of banks are conducted
satisfactorily. Accordingly, External Auditors of licensed commercial banks in Sri Lanka are informed of the
following guidelines which have been formulated in recognition of the fact that Auditors are specially qualified to
undertake :
5.
(a)
that the institution has not breached, or is in the process of currently breaching, or is likely to breach, the
capital ratio set by the Central Bank;
(b)
that the institution has not breached by a material amount for a significant period, or has been frequently
breaching by any amount, the liquidity ratio laid down by the Central Bank;
(c)
that the institution holds adequate provisions for bad and doubtful debts, expected losses on contingents and
tax liabilities, in accordance with accepted accounting standards;
(d)
that the accounting and other records and systems of control of the institution are commensurate with the size
and nature of business, or the way in which the business is structured, organized and managed;
(e)
that the business, or a significant component of the business, is not effectively being directed or has been
directed for any period of time, by only one individual;
(f)
that there is evidence which calls into question the appropriateness of actions or decisions taken by the
management which are significant for prudential purposes.
In formulating these guidelines the Central Bank has recognized that in an industry environment of high dependence
on information technology, auditors should devote sufficient resources to assess the soundness of the EDP processes
which are vital to the institutions operations and to the effectiveness of internal EDP controls. External Auditors
should accordingly, refer in their annual management letters to any shortcomings and imperfections which have
come to their attention in the course of their examination of this specified field. The Central Bank recognizes that the
risks which characterize an EDP environment and the security and control procedures it requires are :
(1)
(2)
Error;
(3)
Fraud;
(4)
(5)
The Central Bank of Sri Lanka would also require auditors, under certain conditions, to discuss with the supervisory
authorities the activities of their banking clients. In doing so, the Central Bank recognises that it is important that
Auditors act in a manner that will preserve their professional relationship with their client at all times. They would be
therefore expected to draw the attention of the Banks management immediately in certain situations, reference to
which shall be contained in their annual Management Letter. The situations envisaged in this regard are :
58
6.
BANKING ACT
(a)
Where it has come to the Auditors attention that there is an extreme situation, such as evidence of imminent
financial collapse;
(b)
Where the Auditor has evidence of an occurrence which has led or is likely to lead to a material diminution of
the institutions assets;
(c)
When there appears to the Auditor to be a material contravention of one or more of the provisions of the
Banking Act or of the regulations, directives, or guidelines issued to licensed commercial banks by the Central
Bank;
(d)
When the Auditor forms the opinion that the management has reported financial information to the Supervisor
which is misleading or when he becomes aware that management has failed, does not intend to, report
something and such failure to report is, or would be, materially misleading; or
(e)
When the Auditor forms the opinion that there has been a significant failure of, or that there is significant
weakness in, the accounting and other records or internal control systems of the institution.
The Central Bank believes that these guidelines would require Auditors to enlarge the scope of their audit work. The
Central Bank expects that only when Auditors become aware in the ordinary course of their audit work of such an
occurrence that they would expect them to make detailed enquiries with the statutory provisions/directives/
regulations/guidelines specifically in mind. These guidelines do not cast an obligation on Auditors to seek out
ground for making a report nor do they place an obligation on them to conduct their work in such a way that there
is reasonable certainty that they will discover a breach of the criteria set out in these guidelines.
Detailed operational guidelines to auditors are annexed.
These auditing guidelines on Bank audits are intended to assist the Auditors of Licensed commercial banks in Sri
Lanka to comply with generally accepted auditing standards when carrying out their audit work and in preparing
their report on the financial statements of Banks. These guidelines are supplementary to and should be read in
conjunction with the Sri Lanka Accounting Standards Nos. 23 and 30 and any other relevant Standards referred to
therein on the audit of licensed commercial banks in Sri Lanka.
2.
It is particularly important that Auditors of a Bank undertake an audit engagement only after considering their own
competence and the adequacy of their resources (including relevant experience) to carry out their duties. In assessing
their competence and, resources the Auditors should bear in mind the type and range of the Banks activities and the
nature of its systems. For example highly specialized computer systems will require different skills from those
necessary to evaluate manual systems.
3.
These guidelines have been drawn up in recognition of the fact that the maintenance of adequate records and systems
in a licensed commercial bank is of paramount importance and that an institution cannot be regarded as conducting
its business in a prudent manner unless it maintains adequate accounting and other records as well as adequate
systems of control of its business and records to enable the business of the institution to be prudently managed and to
comply with the duties imposed on it by or under the statutes relevant to its operations.
4.
These guidelines do not attempt to describe in detail the manner, in which a particular institution should maintain its
accounting and other records and internal control systems. Rather it emphasizes the need to ensure that the scope and
nature of the financial information which the accounting and other records must be designed to capture, contain the
required information.
5.
When planning the audit of a Bank, Auditors are required to consider the following :
(a)
The overall financial environment in which the Bank operates and its type of business;
(b)
The extent of computer systems and the reliance placed on these systems by the Bank;
(c)
(d)
The audit risk involved, the assessment of which is crucial and should be undertaken very carefully,
particularly where the circumstances and management of the Bank indicate that the engagement is likely to be
high risk;
(e)
Key audit areas, in particular, individual areas where there is a high risk of material misstatement. These
should be identified at an early stage of audit to ensure that work is concentrated on this area;
(f)
BANKING ACT
6.
(g)
(h)
59
Auditors should also consider the following additional matters when planning the audit :
(a)
(b)
Any formal communications between the CBSL and the Bank, including all correspondence, minutes or notes
of meetings relevant to the examination of the accounting and other records, internal control systems and
CBSL returns used for prudential purposes.
The scope and nature of the accounting and other records which are required for the business of a Bank to be
conducted in a prudent manner should be commensurate with the manner in which the business is structured,
organized and managed, as well as the volume, nature and complexity of its transactions and commitments. Auditors
are thus required to ensure that the accounting and other records of a Bank meet the following general requirements
:
(a)
capture and record on a timely basis and in an orderly fashion every transaction and commitment which the
institution enters into with sufficient information to explain :
(i)
(ii)
(iii)
(b)
(i)
the parties, including, in the case of a loan, advance or other credit exposure, whether it is subparticipated and if so to whom it is sub-participated;
(ii)
(iii)
(iv)
(vi)
the contracted commission or fees payable or receivable together with any other related payment or
receipt;
(vii)
the nature and current estimated value of any security for a loan or other exposure; the physical
location and documentary evidence of such security; and
(viii)
in the case of any borrowing, whether it is subordinated; if secured, the nature and book value of any
asset upon which it is secured;
maintain the accounting and other records in such a manner that financial and business information can be
extracted promptly to enable management to :
(i)
monitor the quality of the institutions assets and safeguard them, including those held as custodian;
(ii)
identify, quantify, control and manage its exposures by related counter-parties across all products;
(iii)
identify, quantify, control and manage its exposures to liquidity risk and foreign exchange and other
market risks across all products;
(iv)
monitor the performance of all aspects of its business on an up-to-date basis; and
(v)
any income and/or expenditure, current and/or deferred which arises from it;
(v)
(c)
(d)
contain details of exposure limits authorized by management which are appropriate to the type, nature and
volume of business undertaken. These limits should, where relevant, include counterparty, industry sector,
country, settlement liquidity, interest rate mismatch and securities position limits as well as limits on the level
of intra-day and overnight trading positions in foreign exchange, futures, options, future (or forward) rate
agreements (FRAs) and swaps; provide information which can be summarized in such a way as to enable
actual exposures to be readily, accurately and regularly measured against these limits;
(e)
contain details of the factors considered, the analysis undertaken and the authorization or rejection by
management of a loan, advance or other credit exposure; and
(f)
provide on a memorandum basis details of every transaction entered into in the name of or on behalf of another
party on an agency or fiduciary (trustee) basis where it is agreed that the institution itself is not legally or
contractually bound by the transaction.
60
BANKING ACT
9.
In evaluating the adequacy of internal control systems in a bank, auditors are required to assess the internal control
systems only to the extent that they wish to place reliance on those systems in arriving at their opinion as to whether
the financial statements give a true and fair view. A careful evaluation of these systems would include computer
based accounting and information systems and their relationship with the risk of material misstatement in the
financial statements will be essential. If the Auditors conclude that they can rely on the system of controls they may
be able to limit the level of substantive tests required to form their opinion on the financial statements.
10. For the purpose of identifying relevant controls, the principal activities of banks may be classified as follows :
(a)
(b)
customer accounts, cash, transfer of funds, nostro accounts and related income and expense;
(c)
(d)
dealing in foreign exchange, futures, options, commodities, bullion and related income, expense, gains and
losses;
(e)
investments, dealing securities and related income, expense, gains and losses; and
(f)
trustee and advisory activities (including portfolio management) and related income and expense.
11. The overall audit objective should always be to ensure that the financial statements give a true and fair view of the
state of the Banks affairs at a given date and of the results for the year ended, and comply with statutory and other
relevant requirements.
12. Audit steps likely to be required to satisfy this overall objective, can be identified as follows :
(a)
(b)
to ensure that all material balances exist, are complete, and are fairly stated at the balance sheet date;
(c)
to ensure that all income and expenditure, gains and losses are properly accounted for;
(d)
to ascertain the recoverability and hence the realizability at the balance sheet date, of any loans, investments
and other related credit exposures;
(e)
in relation to trustee activities, to ascertain whether controls exist to give reasonable assurance that the bank
has fulfilled its fiduciary duties; and
(f)
to ensure that all material commitments and liabilities, contingent or otherwise, are identified, provided for, or
adequately disclosed in the financial statements.
Automation
13. As a result of the large number of transactions undertaken and records held by banks and the need for swift and
accurate information processing and retrieval, many banking functions are often highly automated, including : funds
transfer systems, the accounting function, the processing and recording of retail customer transactions, the dealing
room and the supply of dealing and management information.
(a)
the required level of technical computer knowledge and skills is likely to be extensive and may require the
auditor to obtain advice and assistance from staff with specialist skills;
(b)
bank audits are particularly suitable for the use of audit software and other types of Computer Assisted Audit
Techniques; and
(c)
reliance on internal controls for audit purposes is likely to require the evaluation and testing of general
controls relating to the environment within which computer based systems are developed, maintained and
operated.
Branches
15. Many branches operate a network of branches. The Auditors approach to such branches will principally be
determined by the degree of Head Office control over the business and accounting functions at each branch and by
the scope and effectiveness of the banks inspection and/or internal audit visits. The extent and impact of visits from
regulators should also be considered. Where branches maintain separate accounting records, the extent of audit visits
and work on each branch will also be dependent on the materiality of, and risks associated with, the operations of
14. The Auditors should assess the extent, nature and impact of automation within the bank and plan and perform their
work accordingly.
BANKING ACT
61
each branch and the extent to which controls over branches are exercised centrally. Where the branch accounting
records are centralized, the auditors should obtain reasonable assurance that the systems of control over branches are
operating satisfactorily either by visiting branches, or by ensuring that an adequate system of branch inspection by
internal auditors exists. Particular attention should be paid both to the difficulties of exercising Head Office control
and to the differences in nature and degree of risk that may arise in overseas branches. In the case of smaller
branches, attention should focussed upon the exceptions to a banks normal control procedures caused by staffing
levels (e.g. the greater difficulty of ensuring adequate segregation of duties) and to the consequent need for an
increased level of control from outside the branch.
Review of Financial Statements
16. When reviewing the financial statements of the Bank the Auditor should carry out such a review of the financial
statements as is sufficient, in conjunction with the conclusions drawn from the other audit evidence obtained, to give
him a reasonable basis for his opinion on the financial statements. Such a review should include :
(a)
Large deposits or loan repayments received shortly before the year end which are repaid or re-advanced
shortly afterwards. This will require a good deal of judgement to identify any window-dressing transactions;
(b)
Transfers between the trading security and investment security portfolios which take advantage of different
valuation policies;
(c)
The reclassification of hedging and trading transaction/positions to take advantage of different timing of profit
and loss recognition;
(d)
The reclassification of assets within liquidity profiles or under balance sheets headings.
17. Auditors should consider whether the accounts comply with all relevant statutory requirements, and whether the
accounting policies adopted will enable them to express an unqualified opinion on the financial statement, in respect
of the following:
(a)
(b)
(c)
market deposits;
(d)
(e)
18. Auditors should ensure that the following controls are compliance tested :
(1)
(2)
(3)
(4)
Arithmetical and accounting accuracy and controls where they are deemed necessary;
(5)
(6)
19. Application and general control over the computer environment would entail :
(a)
(b)
(c)
(d)
(e)
(f)
(g)
20. The general controls relating to the development, maintenance and operation of computer systems that are designed
to control the following risks :
(a)
(b)
(c)
Risks of loss including being unable to continue operation or recover from a breakdown or disaster - business
interruption;
(d)
Risks relating to unauthorized access to the computer system, its application and data files.
62
BANKING ACT
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Controls over communication with the CBSL and other regulatory authorities.
(i)
Computer controls.
(a)
BANKING ACT
63
Dear Sir,
GUIDELINES FOR EXTERNAL AUDITORS RELATING TO
THEIR STATUTORY DUTIES IN TERMS OF SECTION 39 OF
THE BANKING ACT NO. 30 OF 1988 AS AMENDED BY
THE BANKING ACT NO. 33 OF 1995
The Central Bank of Sri Lanka as the Supervisory and regulatory authority of banking institutions
strives continually to mitigate and manage the attendant risks in the banking sector in Sri Lanka.
The CBSL recognizes the important role played by the External Audit firms in this regard and is working
towards improving the quality and the integrity of bank audits.
Significant developments and changes have taken place in the global financial architecture since
the introduction of the first guidelines to External Auditors by the CBSL. As you are aware, the
Sarbanes-Oxley Act of the US has attempted to address some of these issues. Accordingly, the Monetary
Board of the Central Bank of Sri Lanka has approved the attached Addendum to the Guidelines issued on
20 May 1998. The CBSL believes that these additional guidelines will address some of these concerns
and contribute towards the improvement of bank audits in Sri Lanka.
Since your Firm is on the panel of approved auditors of the Central Bank, you are required to
ensure that your firm is in compliance with these guidelines, which are operative with immediate effect.
Please acknowledge receipt of this letter.
Yours faithfully,
Director of Bank Supervision
Encl.
64
BANKING ACT
Annex I
GUIDELINES FOR EXTERNAL AUDITORS RELATING TO THEIR STATUTORY DUTIES IN
TERMS OF SECTION 39 OF THE BANKING ACT NO. 30 OF 1988
AS AMENDED BY THE BANKING ACT NO. 33 OF 1995
ADDENDUM
Non Audit Services
1. Qualified External Auditors shall not undertake any consultancy or other non-audit services with a bank contemporaneously
with the external audit. The restricted non-audit services are:
Book keeping or other services related to the accounting records or financial statements of the audit client;
Financial information systems design and implementation;
Appraisal or valuation services, fairness options, or contribution-in-kind reports;
Actuarial services;
Internal audit outsourcing services;
Management functions, human resources and payroll services;
Broker or dealer, investment adviser, or investment banking services; and
Legal services and expert services related to the audit.
This restriction also applies to services provided by entities where a partner of an Audit Firm is a Director or has a significant
share holding.
Management Letter
2. External Audit firms are requested to submit the Management Letter, which is a non-statutory report by the Auditor to the
management of the Bank, together with the published audited accounts to the Banks they audit, within five months of the end
of the financial year. If the auditors are unable to finalize the Management Letter, they should submit an interim report with
their major findings within the said period. This will enable the Banks and the Regulator to identify significant and systemically
important risks in a timely manner.
BANKING ACT
65
02/04/004/0002/001
Bank Supervision Department
8th Floor, Renuka Building
41, Janadhipathi Mawatha
Colombo 01.
15th December 1999
To : All Licensed Specialised Banks
Dear Sir,
We enclose herewith the Prescribed Accounting Format specified by the Monetary Board, in
terms of Section 38(3) of the Banking Act No. 30 of 1988 as amended by Section 76(H) of the
Banking (Amendment) Act No. 33 of 1995, for the publication of annual audited accounts of
Licensed Specialised Banks (LSBs).
All LSBs are required to publish their annual audited accounts for the accounting periods
ending on or after 31.12.1999 in the enclosed Prescribed Accounting Format.
Yours faithfully,
66
BANKING ACT
GROUP
Curr. Yr.
19
Prev. Yr.
19
Curr. Yr.
19
Prev. Yr.
19
(Rs.)
(Rs.)
(Rs.)
(Rs.)
Income
======== ======== ======== ========
Interest Income
Interest Expense
Other Income
Operating Profits
Share of Associate Companies Profits before Taxation
10
Transfers to Reserves
Dividends
11
========
========
========
========
========
========
========
========
12
Appropriations
BANKING ACT
67
Balance Sheet as at
BANK
Note
GROUP
Curr. Yr.
19
Prev. Yr.
19
Curr. Yr.
19
Prev. Yr.
19
(Rs.)
(Rs.)
(Rs.)
(Rs.)
ASSETS
Cash and Short Term Funds
13
14
15
16
Bills of Exchange
17
18
19
Interest Receivable
20
Investment Securities
22
23
24
Fixed Assets
25
Other Assets
26
Intangible Assets
27
========
========
========
========
LIABILITIES
Deposits
28
Borrowings
29
30
Deferred Taxation
31
Other Liabilities
32
SHAREHOLDERS FUNDS
Share Capital / Assigned Capital
33
34
Reserves
Shareholders Funds
35
Minority Interest
========
========
========
========
========
========
========
========
36
68
BANKING ACT
GROUP
Curr. Yr.
19
Prev. Yr.
19
Curr. Yr.
19
Prev. Yr.
19
(Rs.)
(Rs.)
(Rs.)
(Rs.)
========
========
========
========
========
========
========
========
========
========
========
========
========
========
========
========
========
========
BANKING ACT
69
The Group Financial Statements include the consolidated results, assets and liabilities of the Bank and its
subsidiaries and associates made upto their respective financial year ends. The interests of outside shareholders of the subsidiaries in the net assets, and their proportion of the results are grouped separately in the
Consolidated Balance Sheet and Profit & Loss Account respectively, under the heading minority interests.
(SLAS.26)
(b)
In the Group Financial Statements, investments in associate companies are accounted for on the equity method
of accounting. Under the equity method of accounting the Groups share of profits and losses of the investee
companies is accounted for in the Consolidated Profit and Loss account for the year. The carrying value of the
investment in the Consolidated Balance Sheet is thereby increased or decreased to recognise the Groups share
of retained profits and losses of the investee companies since the date of acquisition.
(SLAS 27)
Assets and liabilities in foreign currencies are translated at the middle rate of exchange ruling on the date of
the Balance Sheet except as indicated in (b) below. Translation gains and losses are dealt with through the
Profit & Loss Account.
(b)
Forward exchange contracts are valued at the forward market rates ruling on the date of the Balance Sheet.
Unrealized losses are dealt with through the Profit & Loss Account whereas unrealized gains are deferred in
other liabilities.
1.1.4 Taxation
Provision for taxation is made on the basis of the profit for the year as adjusted for taxation purposes in accordance
with the provisions of the Inland Revenue Act, No. 28 of 1979 and amendments thereto.
1.1.5 Deferred Taxation
Deferred taxation is provided on the basis of tax effects accounting using the liability/deferral (whichever is applicable) method and the balance of the Deferred Taxation Account represents income tax applicable to the difference
between the written down values for tax purposes of the assets on which depreciation allowances are claimed and the
net book value of such assets. Partial application method cannot be used as it is against the matching and prudence
concept.
1.2 Assets and Bases of their Valuation
1.2.1 Advances to Customers
(a)
Advances to customers are stated in the Balance Sheet net of provisions for possible loan losses and also net
of interest which is not accrued to revenue.
(b)
Specific provisions for possible loan losses are based on a continuous review of all advances in accordance
with CBSL directions (Briefly summarise the CBSL requirements).
(a)
Fixed Assets are recorded at cost or valuation together with any incidental expenses thereon. The assets are
stated at cost less accumulated depreciation which is provided for on the basis specified in (b) below.
(b)
Depreciation is provided at the following rates on a straight-line basis over the estimated lives of different
types of assets.
Leasehold Properties
Buildings
Motor Vehicles
Computer Equipment
Full depreciation is provided on the assets purchased and used during the year.
Depreciation is not provided for freehold land.
70
BANKING ACT
1.3 Liabilities and Provisions
1.3.1 Commitments & Contingencies
All discernible risks are accounted for in determining the amount of other liabilities.
1.3.2 Pensions and Retirement Benefits (SLAS 16)
The bank has a non-contributory pension scheme for the members of the staff. The banks policy is to fund the
pension reserve annually from post tax profits by appropriating a sum which, in the managements opinion, is
sufficient to meet future pension commitments. An actuarial valuation, at least every five years, is undertaken to
ascertain the full liability and any shortfall of the pension fund would be adjusted accordingly.
OR
The bank operates an approved pension fund for the payment of pensions and monthly contributions are made to the
pension fund based on a percentage of the gross emoluments excluding certain allowances. The percentage of
contributions was determined by an independent actuary and retirement benefits are provided for all members of the
permanent staff.
OR
Provisions are not made in the accounts for gratuities to employees, who complete 5 or more years of continuous
service, payable under the payment of Gratuities Act, No.12 of 1983, as the bank has its own non-contributory
pension scheme in force.
1.4 Profit and Loss Account
1.4.1 Revenue Recognition
Interest Income
Interest income is recognised on an accrual basis. Interest ceases to be taken into revenue when the recovery of
interest or principal is in arrears for over three (3) months. Thereafter, interest on advances is accounted for on a
cash basis.
Lease Income
All leases are financial leases. As such, the income recognised is the interest component of the lease rentals
receivable during the year.
The excesses of aggregate rentals receivable over the cost of the leased asset constitutes the total unearned income.
The unearned income is taken into revenue over the term of the lease, commencing from the month in which the
lease is executed, in proportion to the remaining balance of the lease.
1.4.2 Losses on Dealing & Investment Securities
Fall in value of dealing & investment securities, whether temporary or permanent, should be routed through the P&L
A/c. Charging diminution in value of securities direct to reserves lack tranparency, specially for a deposit taking
institution such as a bank and results in the loss of credibility of te P&L A/c as a measure of management
performance.
1.4.3 Terminal Benefits SLAS 16
Pension costs are charged to the Profit and Loss Account in the year in which such costs are determined.
The actual amounts paid as pensions and retirement gratuities are charged to the Pension Fund.
1.4.4 Extraordinary Items SLAS 10
Extraordinary items are those derived from events or transactions outside the ordinary course of business and which
are material and are not expected to recur frequently or regularly.
2. INCOME
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Gross Income
========
========
========
========
...............
...............
...............
..............
...............
...............
...............
..............
========
========
========
========
3. INTEREST INCOME
Loans and Advances
========
========
========
========
BANK
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
BANKING ACT
71
4. INTEREST EXPENSE
BANK
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Debentures
Deposits
Others
========
========
========
========
5. OTHER INCOME
Net Foreign Exchange Gain/Loss
Others
========
========
========
========
6. OPERATING EXPENSES
Operating Expenses include the following:
Chairmans Emoluments
Auditors Remuneration
Depreciation
Expenses on litigation
========
========
========
========
Percentage
Holding
Current
Year
Previous
Year
(Rs.)
(Rs.)
GROUP
========
========
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
========
========
========
========
72
BANKING ACT
Income tax on profits has been computed at the rate of on the taxable income of the Bank plus a surcharge of on
the income tax payable.
(b) In computing the liability to taxation, credit has been taken for investment relief amounting to Rs. granted under
Section of the Inland Revenue Act, No. 28 of 1979 in respect of the following investments :
..............................................
..............................................
..............................................
If the investments mentioned are disposed of (other than by the dissolution or cessation of business by the Investor
Company) on or before , the Company may be liable to an additional assessment of income tax of the said
amount in respect of the year(s) of assessment
OR
Investment relief amounting to Rs. granted under Section of the Inland Revenue Act, No. 28 of
1979 in respect of the following investments has been credited to the Investment Relief Reserve :
..............................................
..............................................
If the investments mentioned are disposed of (other than by the dissolution or cessation of business by the Investor
Company) on or before ....................., the Company may be liable to an additional assessment of income tax of the said
amount in respect of the year(s) of assessment ...............
9. EXTRAORDINARY ITEMS
Specify the nature, particulars and amount of extraordinary items.
10. PRIOR YEAR ADJUSTMENTS SLAS 10
The details of any restatement of retained profits brought forward on account of prior year adjustments. The amount should be
shown onthe face of the P&L A/c, but the details can be given in a note.
11. DIVIDENDS
Inteirm
Paid
(%)
Final
Proposed
(%)
Curr. Yr.
Total
(Rs.)
Prev. Yr.
Total
(Rs.)
Net dividends
========
========
========
========
Gross Dividends
12. EARNINGS PER SHARE
Give the basis of calculation.
13. CASH AND SHORT TERM FUNDS
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
========
========
========
========
14. TREASURY BILLS AND OTHER SECURITIES ELIGIBLE FOR REDISCOUNTING WITH THE CENTRAL BANK
Treasury Bills
Treasury Bonds
========
========
========
========
BANK
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
BANKING ACT
73
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Quoted
Unquoted
========
========
========
========
Market
Value
Curr. Yr.
No. of
Ordinary
Shares
Cost
Previous
Year
Market
Value
Prev. Yr.
Total
15.1 Quoted
No. of
Ordinary
Shares
(a)
Bank
========
(b)
Cost
Current
Year
========
========
========
========
========
Group
========
========
========
========
========
========
No. of
Ordinary
Shares
Cost
Current
Year
Directors
Valuation
Curr. Yr.
No. of
Ordinary
Shares
Cost
Previous
Year
Directors
Valuation
Prev. Yr.
15.2 Unquoted
(a)
Bank
========
(b)
========
========
========
========
========
Group
========
========
========
========
========
========
Value of Securities sold subject to repurchase agreements reported under Note Nos. 14, 15 or any other Note should be disclosed
separately together with the estimated market values of such items (UITF 13).
16. PLACEMENTS WITH AND LOANS TO OTHER BANKS AND FINANCIAL INSTITUTIONS
BANK
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Banks
Financial Institutions
Other Bills
========
========
========
========
74
BANKING ACT
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Refinance Loans
Staff Loans
Other Loans
========
========
========
========
Interest in Suspense
========
========
========
========
The above analysis should be given for both lease rental receivable within one year and after one year.
20. Interest RECEIVABLE
Interest Receivable
========
========
========
========
21. MOVEMENTS IN THE PROVISIONS FOR LOAN LOSSES AND INTEREST IN SUSPENSE
Provisions against advances
Specific
(Rs.)
General
(Rs.)
Interest in
Total
(Rs.)
Suspense
(Rs.)
As at 01/01/19
As at 31/12/19
BANK
GROUP
Provision
(Rs.)
Suspense
(Rs.)
Provision
(Rs.)
Suspense
(Rs.)
Bills of Exchange
========
========
========
========
BANKING ACT
75
21.2 Non performing assets included in the Bills of Exchange, loans and advances and lease rentals receivables on which
interest is not being accrued as disclosed in Note 1.4.1 on Revenue Recognition
BANK
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Bills of Exchange
========
========
========
========
Previous Year
(Rs.)
(Rs.)
Exports
Imports
Plantation
Others
Manufacturing
Garments
Others
Consumption
Services
Other
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Quoted
Unquoted
Total
========
========
========
========
Market
Value
Curr. Yr.
No. of
Ordinary
Shares
Cost
Previous
Year
Market
Value
Prev. Yr.
22.1 Quoted
No. of
Ordinary
Shares
(a)
Bank
========
(b)
Cost
Current
Year
========
========
========
========
========
Group
========
========
========
========
========
========
76
BANKING ACT
22.2 Unquoted
No. of
Ordinary
Shares
(a)
Cost
Current
Year
No. of
Ordinary
Shares
Cost
Previous
Year
Directors
Valuation
Prev. Yr.
Bank
========
(b)
Directors
Valuation
Curr. Yr.
========
========
========
========
========
Group
========
========
========
========
========
========
Principal
Activity
%
Holding
Cost
Market
%
Cost
Market
Current Value* Holding Previous Value*
Year
Curr. Yr.
Year Prev. Yr.
Cost
Market
%
Cost
Market
Current Value* Holding Previous Value*
Year
Curr. Yr.
Year Prev. Yr.
Company
%
Holding
====== ====== ====== ====== ====== ======
* Directors valuation in the case of unquoted subsidiaries/associates.
(b) By the Group
Company
Balance
B/F
(Rs.)
Inrease in
Investment
(Rs)
Share of Profits
Net of Dividend Received
(Rs)
Balance
B/F
(Rs.)
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Name of Company
BANKING ACT
77
Equipment/
Furniture
Motor
Vehicles
Total
31. 12. 31. 12.
(Rs.)
(Rs.)
Cost/Valuation
Balance as at ....... (Previous year)
Excess on Revaluation
Accumulated Depreciation
Balance as at ....... (Previous year)
Disposals
Revaluation adjustment
(b) Group
Land and
Buildings
Equipment/
Furniture
Motor
Vehicles
Total
31. 12.
(Rs.)
31. 12.
(Rs.)
Cost/Valuation
Balance as at ....... (Previous year)
Excess on Revaluation
Accumulated Depreciation
Balance as at ....... (Previous year)
Disposals
Revaluation adjustment
25.1 Other disclosres required by SLAS 18 and SLAS 19 should also be made.
26. OTHER ASSETS
BANK
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Others
========
========
========
========
Deferred Expenditure
Others
========
========
========
========
78
BANKING ACT
28. DEPOSITS
BANK
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Savings Deposits
Time Deposits
Certificates of Deposit
Others
========
========
========
========
========
========
========
========
29. BORROWINGS
Govt. of Sri Lanka (GOSL) Loans under Foreign Credit Lines
Refinance Borrowings
Debentures
Subordinated Debentures
Other borrowings
========
========
========
========
1-5 years
========
========
========
========
========
========
========
Increase/(Decrease) in Provision
========
========
========
========
========
BANKING ACT
79
GROUP
Curr. Yr.
Prev. Yr.
(Rs.)
(Rs.)
Accrued Expenditure
Dividends Payable
Current Taxation
Others
========
========
========
========
========
========
========
========
========
========
========
========
========
========
========
35. RESERVES
Disclose the movement in all reserve balances.
In the normal course of business, the Bank makes various commitments and incurs certain contingent liabilities with legal
recourse to its customers. No material losses are anticipated as a result of these transactions.
(b)
Acceptances
Guarantees
Documentary Credit
Others
========
========
========
========
(c)
(d)
Capital expenditure approved by the Board of Directors, for which provision has not been made in these accounts,
amounted to approximately
Approved and Contracted for
======== ======== ======== ========
======== ======== ======== ========
80
BANKING ACT
3 to 12
Months
(Rs.)
________
1 to 3
Years
(Rs.)
_________
3 to 5
Years
(Rs.)
_________
More than
5 years
(Rs.)
_________
Total
(Rs.)
________
Earning
Assets
Total Assets
Interest
Bearing
Liabilities
Total Liabilities
Credit risk, including concentration of credit risk, credit risk to bank counterparties and related party credit risk
(b)
(c)
(d)
Liquidity Risk
(e)
(a)
an explanation of the nature of the risk and the activities of the Bank which give rise to that risk;
(b)
a general description of the methods used to identify and monitor exposure to the risk, including the frequency with
which exposures are monitored; and
(c)
a general description of the systems and procedures for controlling the risk, including, where applicable, whether
exposure limits are employed, any policies with respect to collateral or other security, and any policies on the use of
Financial Instruments to mitigate or hedge risks.
II. Disclosure is also required, to the effect that directors are responsible for maintaining a proper system of internal controls to
meet the following objectives :
1. efficiency and effectiveness of operations (operational objectives)
2. reliability and completeness of financial and management information (information objectives); and
3. compliance with applicable laws and regulations (compliance objective)
An outline of the procedures that the directors have established and which are designed to provide an effective internal control
system, apart from the procedures described under risk management, should also be given.
The statement should include a brief description of the way in which the banking risks specified above are managed and
controlled and should cover the following aspects :
BANKING ACT
81
BS/69/93
Bank Supervision Dept.
8th Floor, Renuka Building
No. 41 Janadhipathi Mawatha
Colombo 1.
19th April 1999
To : All Licensed Specialised Banks
Dear Sir,
All Licensed Specialised Banks are hereby informed that in the selection of Valuers to
undertake the revaluation of the Banks fixed assets for the purpose of including 50 per cent of such
revaluation reserves in the computation of the Capital Adequacy Ratios, the following eligibility
criteria would apply :
The Valuer shall be :
(a) a Chartered Valuation Surveyor; or
(b) a Fellow of the Institute of Valuers (Sri Lanka) with a Degree or Diploma in Valuation and
work experience of 15 years; or
(c) a Licentiate of the Institute of Valuers (Sri Lanka) with work experience of over 25 years.
Please acknowledge receipt of this letter.
Yours faithfully,
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BANKING ACT
02/04/004/0005/001
Central Bank of Sri Lanka
Bank Supervision Department
To : All Licensed Commercial Banks and
Licensed Specialised Banks
3. Procedures A LCB's/LSB's support for the issue of CP/PN does not require the prior approval
of the Central Bank of Sri Lanka. However, in supporting the issue of these instruments, LCBs/
LSBs shall ensure that:
3.1 The company intending to issue such CP/PN submits to LCBs/LSBs
(a)
A written request indicating the nature of support applied for in respect of each
issue of CP/PN;
(b)
(c)
full redemption value refers to the amount of the principal, interest and any other
charges which is payable upon redemption of such CP/PN.
BANKING ACT
(d)
83
3.2 The LCBs/LSBs should also ensure that the company profiles and financial data are made
available to investors upon request.
3.3 An adequate appraisal of the financial condition of the issuer is carried out and due caution
is exercised before lending the support of the LCB/LSB. For this purpose, the LCB/LSB
should, among other things, obtain a report from the Credit Information Bureau (CRIB).
3.4 The CP/PN are printed on good quality security paper incorporating adequate security
features, that necessary precautions have been taken to keep documents in safe custody,
preventing access by unauthorised persons.
3.5 The issue of CP/PN is completed within a period of 14 calendar days from the date of issue.
Thus, any unsold portion of the issue after the 14 day cannot be issued.
3.6 Each single issue of CP/PN should have the same maturity date.
3.7 The issuing company should discharge the obligations on the CP/PN on the date of
maturity. No grace period shall be given to the issuer in this regard.
3.8 The CP/PN shall contain the following minimum information/features:
3.9
(a)
(b)
(c)
Serial number;
(d)
(e)
Date of issue;
(f)
(g)
Date of maturity;
(h)
(i)
If the repayment of principal and payment of interest are guaranteed, name of the
guarantor;
(j)
(k)
Where the LCB/LSB does not accept any obligation for the payment on the
CP/PN, as when it only authenticates the signature, such fact should be
conspicuously stated on the CP/PN;
(l)
The counterfoil of CP/PN should also contain the information at (a) to (k). In the
case of (j), the signature/initials of the respective signatories.
(m)
Adequate space should be provided for endorsements on the reverse of the CP/PN.
(a)
(b)
(c)
Details of the LCB/LSB support for the issue of CP/PN outstanding monthly, shall
be reported to the Director of Bank Supervision in a monthly statement as in the
annexed format. This statement shall be submitted by the 15th of the following
month, duly certifying that the obligations of the LCB/LSB under the different
categories of issue, as recorded in the General Ledger, are correctly reflected in the
statement. A nil statement should be sent if there are no outstanding balances.
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BANKING ACT
3.10 The LCBs/LSBs supporting the issue of CP/PN should conform to all legal requirements.
3.11 Roll-over of CP/PN should be considered as a new issue.
4. Prudential Requirements of the Central Bank
4.1 All credit facilities extended, and commitments made, by LCBs/LSBs relating to the issue
of CP/PN will be treated as accommodation granted to the issuing company and shall be
subject to directions issued from time to time under the Banking Act and to all prudential
guidelines issued by the Central Bank.
5. These Guidelines shall be effective from 05 January 2001.
6. Guidelines to Licensed Commercial Banks in Sri Lanka on the grant of facilities for the issue of
Commercial Paper dated 05.06.1995 are hereby rescinded.
7. Any clarifications/queries with regard to these Guidelines should be addressed to the Director of
Bank Supervision.
Sgd. P. T. Sirisena
Director of Bank Supervision
05 January 2001
PR
PU
PQ
PC
Date :
Name of Bank :
Authorised Offcer :
We hereby certify that this statement reflects the value of support extended to the Banks customers and that the statement figures tally with the General Ledger Balances as at the
end of the month.
* This statement should reach the Director, Bank Supervision Department on or before the 15th of the following month.
* Column (3) : Please indicate whether Commercial Paper (CP), Promissory Notes (PN), or any other form (Please specify)
Private Company
Public Unquoted Company
Public Quoted Company
Peoples Company
AC
EN
GT
UN
PR
IA
PA
DE
AU
(9)
Accepting
Endorsing
Guaranteeing
Underwriting
Purchasing
Issuing Agent
Paying Agent
Dealer
Authenticating
(8)
Nature of
Support
Code
(7)
Rate of
Interest (%)
Nature of Support
(6)
Date of
Maturity
(YY/MM/DD)
(5)
Date of
Issue
(YY/MM/DD)
(4)
Amount
Subscribed
* Column (2)
(3)
Amount
of the Issue
(Face Value)
* Column (9)
(2)
(1)
Type of
Promissory
Notes Issued
Instructions :
Legal Status
of Issuing
Company
Name of
Issuing Company
BANKING ACT
85
86
BANKING ACT
Yours faithfully
BANKING ACT
87
All banks are encouraged to document their policies on customer acceptance, customer identification/
risk management and monitoring of high risk accounts.
2.
3.
Customer Identification
3.1
Personal Accounts
The following information should be obtained from all prospective personal customers:
Customers name from an original of a document issued by an official authority, preferably
bearing a photograph of the customer, such as the national identity card, passport or the
driving license. The reference number of such document should be recorded by the bank.
Customers permanent mailing address and supporting evidence which should be confirmed
through correspondence.
The authenticity and integrity of an introducer and his own identity should be established to
the satisfaction of the bank.
Independent verification of introducers address should be made and filed with the mandate.
3.2
Corporate Customers
The following documents should be obtained:
Certificate of Incorporation, Memorandum and Articles of Association or Partnership
Agreement, as appropriate, to establish the legal status of the customer
Resolution by the Board of Directors
Duly completed application form containing authorised specimen signatures
88
BANKING ACT
The identity of each director and those authorised to operate the account, should be established.
For companies, businesses or partnerships registered outside Sri Lanka, similar documents
should be obtained, taking into consideration any soft regulatory system in the country of
origin.
3.3
4.
In instances where the bank cannot establish the true identity of the customer to its satisfaction, it
should not commence any business relationship with such customer.
5.
Other Recommendations
5.1
In respect of all types of accounts, returned letters and statements should be followed-up.
5.2
Where after opening an account, the features of the transactions, as known at the time of opening
of the account changes significantly, causing grounds for suspicion of criminal activity, inquiries
should be made with regard to the changes in the financial position and nature of activities, which
should be recorded.
5.3
Retention of records: All evidence of identification as set out above should be maintained for a
minimum period of five (05) years even after an account is closed.
5.4
Where the officer handling the account opening has reasons to believe that a new relationship
may expose the bank to significant reputational risk, he may refer such request to an officer of
higher authority before opening the account.
5.5
The internal controller/auditor may be required to ensure compliance with the banks policies on
customer acceptance and identification.
P.T. Sirisena
Director of Bank Supervision
3.4
BANKING ACT
89
Dear Sir,
Yours faithfully
P.T. Sirisena
Director of Bank Supervision
90
BANKING ACT
Yours faithfully
ENCL :
BANKING ACT
91
Name of Bank :
Change
(%)
Group
ASSETS
Cash and Short Term Funds
Balances with Central Bank of Sri Lanka
Treasury Bills and Other Securities eligible for rediscounting
with Central Bank
Government and Other Securities held for dealing purposes
Placement with & Loans to Other Banks & Financial Institutions
Investment Securities
Securities Purchased under Resale Agreements
Other Investments
Bills of Exchange**
Loans & Advances**
Receivable on Leases**
Less : Provision for possible credit losses
Interest in Suspense
Net Bills of Exchange, Loans & Advances and Leases
Investments in Associate & Subsidiary Companies
Interest and Fees Receivable
Group Balances Receivable
Property, Plant & Equipment
Other Assets
TOTAL ASSETS
LIABILITIES
Deposits
Refinance Borrowings
Other Borrowings
Securities Sold under Repurchase Agreements
Group Balances Payable
Deferred Taxation
Other Liabilities
TOTAL LIABILITIES
SHAREHOLDERS FUNDS
Share Capital/Assigned Capital
Statutory Reserve Fund
Reserves
Minority Interest
TOTAL FUNDS EMPLOYED
TOTAL LIABILITIES AND FUNDS EMPLOYED
92
BANKING ACT
Name of Bank :
Current
Previous
Change
(%)
Group
Total Income
Interest Income
Interest Expenses
Net Interest Income
Other Income
Net Income
Operating Expenses
Personnel Costs
Provision for Credit Losses
Other Operating Expenses
Operating Profit/(Loss) before provision for fall in value of
dealing & investment securities
Provision for fall in value of Dealing & Investment Securities
Share of Associate/Subsidiary Companies Profit/(Loss)
Before Taxation
Profit/(Loss) Before Provision for Taxation
Provision for Taxation
Profit/(Loss) After Provision for Taxation
Minority Interest
Extra-ordinary Items (please specify)
Profit/(Loss) after Extra-ordinary Items
Retained or Unappropriated Profits B/F
Retained Profits C/F
The above Profit & Loss Account for the six months ended . is drawn-up from the unaudited accounts of
the Bank and prepared in accordance with Sri Lanka Accounting Standards.
BANKING ACT
93
Name of Bank :
Current
Previous
Change
(%)
Group
ASSETS
Cash and Short Term Funds
Balances with Central Bank of Sri Lanka
Treasury Bills and Other Securities eligible for rediscounting
with Central Bank
Government and Other Securities held for dealing purposes
Placement with & Loans to Other Banks & Financial Institutions
Investment Securities
Securities Purchased under Resale Agreements
Other Investments
Bills of Exchange**
Loans & Advances**
Receivable on Leases**
Less : Provision for possible credit losses
Interest in Suspense
Net Bills of Exchange, Loans & Advances and Leases
Investments in Associate & Subsidiary Companies
Interest and Fees Receivable
Group Balances Receivable
Property, Plant & Equipment
Other Assets
TOTAL ASSETS
LIABILITIES
Deposits
Refinance Borrowings
Other Borrowings
Securities Sold under Repurchase Agreements
Group Balances Payable
Deferred Taxation
Other Liabilities
TOTAL LIABILITIES
SHAREHOLDERS FUNDS
Share Capital/Assigned Capital
Statutory Reserve Fund
Reserves
Minority Interest
TOTAL FUNDS EMPLOYED
TOTAL LIABILITIES AND FUNDS EMPLOYED
The above figures are from audited accounts which have been audited by .
94
BANKING ACT
Name of Bank :
Current
Previous
Change
(%)
Group
The above figures are from audited accounts which have been audited by
BANKING ACT
95
96
BANKING ACT
Rate as at
Savings Deposits
Fixed Deposits - 12 months
Interest payable monthly
Interest payable at maturity
NRFC Savings Deposits - US Dollar
- Sterling Pound
NRFC One Year Fixed Deposits - US Dollar
- Sterling Pound
Interest Rates on Advances [per cent per annum]
Rate as at
Currency
Buying Rate
US Dollar
Sterling Pound
Yen
Euro
Australian Dollar
Singapore Dollar
Indian Rupee
Selling Rate
Travellers Cheques
Buying Rate
Selling Rate
BANKING ACT
97
Dear Sir/Madam
Yours faithfully,
Mrs. P P Sirisena
Director of Bank Supervision
Encl.
98
BANKING ACT
Governor, CBSL
Deputy Governor, CBSL
MD, Commercial Bank of Cey. Ltd.
Chief Executive Officer, HSBC
Director, Managing Director, NDB
Country Head, Indian Overseas Bank
Senior Partner, Price Waterhouse Coopers
General Manager, DFCC
Consultant, CBSL
President, FHA
Director, Legal, CBSL
Chairman, Ceylinco Group
BANKING ACT
99
Good corporate governance of banks/financial institutions is a sine qua non for a sound financial
system. For individual banks/financial institutions, it can reduce the cost of capital and enhance
shareholder value. The Asian financial crisis has, in part, been attributed to serious inadequacies in the
governance of banks. The post crisis period has created an environment where most of the major financial
institutions in Asia are now willing to implement governance reforms, not only as a way to ensure survival,
but also as a competitive weapon.
Inadequate Corporate Governance in the corporate and financial sectors is an important factor that has
contributed to financial instability in many countries. Weak corporate governance (and associated risk
management practices) in the corporate sector increases the risk profile of companies and exposes banks
and other lending institutions to greater risk of loss than would otherwise be the case. In a more direct
sense, weaknesses in corporate governance in banks and other financial institutions reduce their capacity to
identify, monitor and manage their business risks, and can result in poor quality lending and excessive risktaking by such institutions. For example, inadequate corporate governance can lead to poor management of
credit risks, an insufficiently developed credit culture, excessive exposure concentration, poor
management of interest rate risk and exchange rate risk, and inadequacies in the management of connected
exposures. In some cases, inadequacies in corporate governance and risk management have the potential to
lead to bank insolvency and financial instability.
Underlying Principles of Corporate Governance in Banking and other Financial Institutions
More than most other corporate entities, banks and financial institutions are critically reliant on
maintaining the confidence of depositors and other creditors for their viability. The financial viability, and
indeed survival, of a financial institution are very much dependent on maintaining depositor and other
counter-party confidence. Therefore, the directors and senior management of such institutions could be said
to have a special duty of care to their depositors and other creditors the creditors are extremely important
stakeholders in a financial institution. A financial institutions corporate governance arrangements could be
expected to reflect this duty of care to creditors in a number of ways, such as in the management of
100
BANKING ACT
conflicts of interest between shareholders and creditors, in the nature of financial disclosures made to
creditors (and others) and in the nature of risk management systems.
Risk Management and Corporate Governance
Financial institutions differ from most companies in terms of the nature and range of their business
risks, and the adverse consequences that would follow if these risks are poorly managed. Banks/financial
institutions face a wide range of risks, many of them complicated in nature, including credit risk, exposure
concentration risk, connected exposure risk, interest rate risk, exchange rate risk, payment system interface
risks and business continuity risks. If these risks are poorly identified and managed, they expose such
institutions to the potential for financial collapse, particularly given the fact that most financial institutions
operate on a thin layer of capitalization and have substantial maturity mismatches in their balance sheet.
Therefore, they need corporate governance structures that promote effective identification, monitoring and
management of all material business risks.
Regulatory Requirements and Corporate Governance
Most financial institutions are required to comply with a large number of regulatory requirements,
including prudential requirements, taxation rules, various reporting obligations and the like. There is,
therefore, a need for the corporate governance framework to include systems for ensuring that all statutory
and regulatory requirements are being complied with and to highlight potential or actual breaches if and
when they occur.
High Quality Financial Disclosure
An essential complement to sound corporate governance is the implementation of robust financial
disclosure requirements for corporates and financial institutions. Financial disclosure is essential as a
means of strengthening the accountability of directors and senior management and enhancing the incentives
for risk management. It is also essential for market participants and observers particularly the larger
creditors of banks, financial news media, financial analysts and rating agencies to effectively monitor the
performance and soundness of financial institutions and to exercise appropriate disciplines on those
institutions which do not perform well or fail to meet acceptable prudential standards. Financial disclosure
is also essential for smaller creditors, including depositors, to protect their own interests.
Strengthening Market Discipline
It is increasingly being recognized that market discipline can play an important role in promoting
financial system stability and in encouraging the maintenance of sound corporate governance and risk
management practices. Banks and corporates are more likely to be attentive to risk management in an
environment where poor risk management and financial performance are penalized by the market, and
strong risk management, and financial performance are rewarded by the market. In the longer term, robust
market discipline is likely to enhance financial stability and efficiency by strengthening the incentives for
the efficient management of risks and by weeding out poor performers.
2. Content of Corporate Governance
From a banking and financial sector industry perspective, corporate governance involves the manner
in which the business and affairs of individual institutions are governed by their Boards of directors and
senior management. These include the following :
set corporate objectives (including generating economic returns to owners);
set risk management policies and procedures;
ensure that the day-to-day operations of the business are carried out efficiently and with integrity;
protect the interests of depositors;
consider the interests of recognized stakeholders;
align corporate activities and behaviour with the expectation that the institutions will operate in a safe
and sound manner; and
operate in compliance with applicable laws and regulations.
Objectives
BANKING ACT
101
The board of directors is responsible for the operations and financial soundness of the financial
institution.
The board of directors should have responsibility for
ensuring the vision, mission, values and objectives of the company
approving policies and strategies and budgets
approving the organizational structure;
understanding the risks run by the financial institutions and setting acceptable levels for these risks;
ensuring that senior management takes the steps necessary to identify, monitor and control these
risks;
ensuring that senior management is monitoring the effectiveness of the internal control system.
effective monitoring of management in achieving the objectives set
compliance with the applicable laws and regulations
monitoring its financial and non-financial performance
initiating and encouraging the establishment of good corporate governance throughout the
institution.
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BANKING ACT
Guideline 1.2
The Board of directors (hereafter referred to in this Code as the Board) and senior management of a
financial institution are responsible for promoting high ethical and integrity standards, and for
establishing a culture within the institution that emphasizes and demonstrates to all levels of personnel
the importance of internal controls. All levels of personnel at such institutions need to understand their
role in the internal control process and be fully engaged in the process.
Guideline - 1.3
The Board should meet regularly, at least 10 meetings per annum and should also meet when a particular
necessity arises.
Guideline - 1.4
Every director should bring his independent judgment to bear on issues of strategy, performance,
resources (including key appointments) and standards of conduct.
Guideline - 1.5
The Board should have a schedule of matters specifically reserved to it for decision, including the
following ;
Formulation of Business Strategy and effect changes if and when necessary
Formulation of Risk Management Strategy
Ensure that the Chief Executive Officer and Management Team are of the highest caliber
Approval of Senior Management succession strategy
Securing effective information, control and audit systems
Compliance with regulatory legal/ethical standards and
Control and management of risk.
Guideline - 1.6
There should be an approved procedure, for the directors, to obtain independent professional advice in
the performance of their duties and for the cost to be borne by the institution upto a reasonable extent.
Guideline - 1.7
Guideline - 1.8
In discharging its duties, the Board is expected to exercise leadership, enterprise, integrity and
judgement in directing the financial institution so as to achieve continuing prosperity and to act in the
best interest of such institution in a manner based on transparency, accountability and responsibility.
Guideline 1.9
In discharging its duties, the Board is expected to ensure that, Board appointments are made so as to
provide a mix of directors proficient in different disciplines, each of whom is able to add value and to
bring independent judgement to bear on the decision making process.
The Board adds strength to the corporate governance of the financial institution when the members of
the Board;
understand their oversight role and their duty of loyalty to such institution and its shareholders;
feel empowered to question the management and are comfortable insisting upon straightforward
explanations from management;
provide dispassionate advice;
are not overextended;
avoid conflicts of interest in their activities with, and commitments to, other organizations;
meet regularly with senior management and internal audit to establish and approve policies, establish
communication lines and monitor progress toward corporate objectives;
refrain from making decisions on matters on which they are incapable of providing objective advice;
do not participate in day-to-day management of the institution.
BANKING ACT
103
Guideline 1.10
In discharging its duties the Board is expected to ensure that the financial institution complies with all
relevant laws, regulations and codes of best business practices.
Guideline 1.11
In discharging its duties, the Board is expected to ensure that the financial institution communicates with
shareholders and other stakeholders effectively.
Guideline 1.12
In discharging its duties, the Board is expected to ensure that no one person or group of persons has
unfettered power, and that there is an appropriate balance of power and authority on the Board which is,
inter alia, usually reflected by separating the roles of the Chief Executive Officer and Chairman, and by
having, subject to the statutory and regulatory requirements, a balance between executive and non
executive directors.
Guideline 1.13
In discharging its duties, the Board is expected to regularly review processes and procedures to ensure
the effectiveness of the internal systems of control of the financial institution, so that financial
institutions decision making capability and the accuracy of reporting and financial results are
maintained at high levels at all times.
Guideline 1.14
In discharging its duties, the Board is expected to ensure that the Senior Management adheres to this
Code of Best Practice.
Guideline 1.15
In discharging its duties, the Board is expected to ensure that all technology and systems used in the
financial institution are adequate to properly run the business and for it to remain a meaningful
competitor.
Guideline 1.16
In discharging its duties, the Board is expected to ensure annually that the institution will continue as a
going concern for the next 3 to 5 years as per the yearly revised Corporate Plan.
Guideline - 1.17
In discharging its duties, the Board is expected to ensure that senior management of the financial sector
institution has discharged their role satisfactorily.
Guideline 1.18
There should be a proper service contract signed between the financial institution and the non-executive
directors setting out the terms and conditions, including period of service, rotations and retirement age.
Principle 2
Qualification of Directors
The members of the Board should be persons whose abilities are widely acknowledged by the
shareholders and the public. They should have the experience, knowledge, expertise and good judgment
to make an effective contribution for the financial institution to achieve its objectives. The directors
should have a clear understanding of their role in corporate governance and should not be subject to
undue influence from management or outside concerns.
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BANKING ACT
Guideline - 2.1
A person should not be appointed, elected or nominated as a director of a financial sector institution or
continue as a director unless the person is a fit and proper person to hold office as a director of such
institution.
Fit and Proper Test
In determining whether a person is fit and proper, regard shall be had to any one or more of the
following matters;
The persons probity
The persons competence and soundness of judgment for fulfilling the responsibilities of the office of
director
The diligence with which the person is likely to fulfil the responsibilities of the office of director
Whether the interest of the depositors or creditors or potential depositors or creditors of the financial
sector institution are or are likely to be, in any way threatened by the person holding office of director
The previous conduct and activities in business and financial matters of the person
Academic qualifications and/or, professional qualifications and/or effective experience in respect of
one or more of the recommended fields.
Principle 3
Appointment and Duties of a Director
Guideline 3.1
For proposing a person for the post of director, there should be a formal nomination committee
comprising at least the Chairman, Chief Executive Officer and two other directors. The committee in
recommending a person should ensure that the Board consists of a mix of persons preferably having the
following experience and skills.
(a) Thorough knowledge of banking, finance, accounting, law or business accounting
(b) Experience in the banking and the financial industry at a senior level.
(c) Experience in human resources management, Information Technology skills or marketing skills.
Guideline - 3.2
It is the duty of a director to act in the best interest of the financial institution and its shareholders with
due regard to claims of other stakeholders by:
(a) Compliance with the statutory and regulatory requirements and loyalty to such institution
(b) Independence of judgement.
(c) In the event of a conflict of interest, ensuring the interest of the financial institution.
(d) Ensuring fairness in dealing with different stakeholders.
(e) Exercising of care, skill, diligence, and professionalism.
Principle 4
BANKING ACT
105
Guideline - 4.2
There should be a strong and independent non-executive element on the Board.
Principle 5
Role of the Chairman
The role of the Chairman of a financial institution in securing Good Corporate Governance is crucial.
The Chairman is expected to preserve order, ensure that proceedings at meetings are conducted in a
proper manner, and to ascertain the views or decisions of the meeting on the issues being discussed.
Guideline - 5.1
In the context of good corporate governance, the Chairman is expected to ensure that all directors,
executive and non-executive alike, are encouraged to play a useful role within their respective
capabilities in order to secure the maximum benefit to the financial institution.
Guideline - 5.2
It is desirable that the Chairman is not involved in the day-to-day operations of the financial institution,
but operates in such a way so as to ensure that the Board is in complete control of the affairs of the
institution and fully alert to the obligations towards the stakeholders.
Guideline - 5.3
The Chairmans position should be separated from that of the Chief Executive Officer. This is mainly to
avoid the domination of power by a single individual.
Guideline - 5.4
The Chairman should conduct Board proceedings in a proper manner and ensure, inter-alia, that :
all directors participate effectively,
all directors are encouraged to make an effective contribution, within their respective capabilities, for
the benefit of the financial institution,
a balance of power in the Board is maintained,
the views or decisions of directors on issues under consideration, are ascertained,
the Board is in complete control of the affairs of the financial institution and alert to its obligations to
stakeholders.
each Board member understands the significance and technical aspects of the matter under discussion.
Principle 6
Role of the Chief Executive Officer (CEO) and Senior Management
The Board should have complete confidence in the CEO. It is the role of the CEO and Senior
Management to establish and maintain adequate systems and controls.
While the CEO should be accountable for the effective implementation of the Board policies and
implementation of collective decisions taken by the Board, accountability for the performance of the
financial institution is the responsibility of the Board.
Guideline - 6.1
Functions of the CEO include the following:
Recommend strategic direction for the financial sector institutions
Leadership in achieving goals and objectives
Develop operational plans, budgets for approval by the Board
Monitor activities of the company to ensure targets are met and safeguard assets
Public relations (social responsibility)
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BANKING ACT
Guideline - 6.2
Senior management should have responsibility for formulating and implementing strategies guided and
approved by the Board; setting appropriate internal control policies; monitoring the effectiveness of the
internal control system, and accountability for the performance of the financial institution.
Guideline - 6.3
Senior management should ensure that the internal and external factors that could adversely affect the
achievement of the objectives of the financial institution are being identified and evaluated. This
assessment should cover all risks facing such institution.
Guideline 6.4
Senior management should ensure that the risks affecting the achievement of the strategies and
objectives of the financial institution are continually being evaluated. Internal controls may need to be
revised to appropriately address any new or previously uncontrolled risks.
Principle 7
Role of the Company Secretary
The Secretary of a financial institution (hereafter in this code referred to as the Company Secretary)
should be a person who possesses such qualifications, as are prescribed by the Companies Act No.17 of
1982 for a Secretary of a company.
Guideline - 7.1
All directors should have access to the advice and services of the company secretary, who is responsible
to the Board for ensuring that Board procedures are followed and that applicable laws, rules and
regulations are complied with.
Guideline - 7.2
The Company Secretary is responsible for preparation of the agenda and keeping proper minutes of the
meetings under the supervision of the Chairman.
Guideline - 7.3
Any question of the appointment and removal of the company secretary should be a matter for the Board
as a whole.
Principle 8
Every director should receive appropriate training and/or familiarization on the business of the financial
institution when he is first appointed as a director and also subsequently as necessary. The areas of
training/familiarization should encompass both general aspects of Directorship as well as matters
specific to the institution.
Guideline - 8.1
It is always beneficial to a financial institution when its Directors have a basic knowledge of areas other
than the area of his expertise, as it would contribute to arriving at good decisions.
Guideline - 8.2
All Directors should update their knowledge by attending appropriate Seminars and Conferences,
particularly in fields such as Financial Management, Risk Management, Entrepreneurship, Management,
Corporate Planning etc.
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Principle - 9
Committee Structure for Boards
The effectiveness of a Board depends on its structure and procedures. This would require the
appointment of Committees such as
(a) Audit Committee
The internal audit shall report to the chairman of the Audit Committee. The Chairman of the Audit
Committee shall be responsible and take appropriate action to address weaknesses and forward
reports for the information of the Board.
The Chairman of the Audit Committee should preferably be a person with appropriate qualifications
in accountancy or knowledge and experience in accounting or auditing. The members of the Audit
Committee should not be persons with executive responsibilities in the institution.
(b) Risk Management Committee
(c) Remuneration Committee
(d) Nomination Committee
(e) Executive Committee
(f) Management Committee
(g) Compensation Committee
(h) Stakeholder Relations Committee
Guideline - 9.1
Terms of reference and operating procedures should be laid down by the Board for the functioning of
each Committee.
Guideline - 9.2
The Executive Committee consisting of three Non-Executive Directors and Chairman/CEO of the
financial institution to meet twice a month to review key matters such as :
Major loan approvals
Debt restructuring
Risk management
Employee policy and other policy issues
The Executive Committee should work with the management very closely and make decisions on behalf
of the Board within the framework of the authority and responsibility assigned to the Committee by the
Board.
Guideline 9.3
The financial institution must appoint a management committee consisting of staff members higher than
the manager level headed by the CEO to implement management decisions. The key responsibilities of
the management committee will be to :
deliver clear communication to the staff regarding the vision, mission and objectives of the institution
so that all employees who play an important role in contributing to the long-term success and
sustainable performance of such institution will work towards the same objective.
Develop good corporate governance practices
A proper succession plan which involves periodic infusion of new blood and appointment of
competent and effective persons who can add value to the company.
Principle 10
Transparency
An essential factor in promoting effective corporate governance in the financial sector is to develop and
enforce robust financial disclosure requirements for financial institutions. Such disclosure results in
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BANKING ACT
better management of risks and strengthening of market discipline. It also provides shareholders and
other stakeholders with adequate information necessary to identify the strengths and weaknesses among
financial institution.
Guideline - 10.1
There should be an effective set of disclosure requirements underpinned by high quality accounting
standards and practices. These standards should conform to accepted accounting standards.
Guideline - 10.2
External audit should be conducted by a fully independent auditor, whose business connections with its
client should not be such as to compromise the auditors objectivity and independence.
Guideline - 10.3
Financial disclosures should be subject to rigorous external auditing requirements, based on a set of
auditing guidelines promulgated by an appropriately qualified standard-setting body.
Guideline - 10.4
Disclosures of financial information are more useful if they are made with a reasonable degree of
frequency e.g half yearly or quarterly.
Guideline - 10.5
Disclosure of financial and risk-related information by banks should be in respect of the bank and the
consolidated group. In some case, holding company disclosures may also be necessary.
Guideline - 10.6
BANKING ACT
109
Guideline - 10.7
Financial sector institutions could be required to regularly disclose:
the nature of any conflicts of interest that individual directors or senior managers may have ;
the Boards rules for handling directors and managers conflicts of interests; and
attestations signed by each director as to whether they are satisfied that the risks of the financial
institution are being adequately identified, monitored and controlled at all times.
Guideline 10.8
There shall be an officer identified by name and designation charged with monitoring of compliance
with disclosure requirements and equipped with the powers to enforce compliance where appropriate.
The authority should be subject to effective transparency and accountability structures.
Appendix to Principle 10
Roles and Responsibilities of External Auditor
Although external auditors are not, by definition, part of a banking organization and therefore, are not
part of its internal control system, they have an important impact on the quality of internal controls
through their audit activities, including discussions with management and recommendations for
improvement to internal controls. The external auditors provide important feedback on the effectiveness
of the internal control system.
While the primary purpose of the external audit function is to give an opinion on, or to certify, the
annual accounts of a financial institution, the external auditor must choose whether to rely on the
effectiveness of the institutions internal control system.
The external auditors have to conduct an evaluation of the internal control system in order to assess the
extent to which they can rely on the system in determining the nature, timing and scope of their own
audit procedures.
Auditing standards require that audits be planned and performed to obtain reasonable assurance that
financial statements are free of material misstatement. Auditors should examine, on a test basis,
underlying transactions and records supporting financial statement balances and disclosures. An auditor
assesses the accounting principles used and significant estimates made by management and evaluate the
overall financial statement presentation.
The Central Bank may supplement the standard auditing requirements with additional requirements for
unique application to banks. Modifications can sometimes include:
a requirement for the auditor to report to, or meet with, the supervisory authority; and
a requirement obliging the auditor to report any concerns they may have to the supervisory authority.
a requirement to inform supervisory authority of any proposed changes of auditors or their
resignations.
Principle 11
Risk Management Systems
Financial institutions need corporate governance structures that promote effective identification,
monitoring and management of all material business risks. These structures may include well developed
and tested risk management systems and internal controls including the following;
Guideline - 11.1
Training programmes for staff responsible for risk management, so that they have a well developed
understanding of risks and the means by which they can be managed.
Guideline - 11.2
Training programmes for directors and senior management to enable them to have a robust
understanding of the nature of the institutions business, the nature of the risks, the consequences of
risks being inadequately managed, and an appreciation of the techniques for managing the risks
effectively.
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BANKING ACT
Guideline - 11.3
Robust internal audit procedures, with appropriate reporting lines to the CEO or directors, and with
oversight by the Audit Committee of the Board.
Guideline - 11.4
A structure which requires regular reporting to senior management and the Board on the nature and
magnitude of the risks being carried by the bank and the structures in place to control these risks,
including a regular assurance to the Board that all risk management systems and internal controls are
being properly applied at all times.
Guideline - 11.5
Signed attestations by each director, in a public disclosure statement issued by the bank, that the director
is fully satisfied to the best of his or her ability that all the banks material business risks are being
effectively identified, monitored and managed, and that the systems in place to achieve this are
operating effectively at all times.
Guideline - 11.6
A policy requiring the institutions risk management systems and internal controls to be subject to
periodic external review, and for the results of the review to be reported to the Board.
Guideline - 11.7
Institutions to view compliance functions as a part of the overall risk management framework and
submission of compliance certificate to the Board on a monthly basis.
Guideline - 11.8
Institutions need to comply with a large number of regulatory requirements, including prudential
requirements, taxation rules, various reporting obligations and the like. There is therefore a need for the
corporate governance framework to include systems for ensuring that all statutory and regulatory
requirements are being complied with, and to highlight potential or actual breaches if and when they
occur.
Guideline - 11.9
Institutions need to consider the scope to use their influence and moral suasion to promote good
governance among their own corporate customers, thereby improving their performance and reducing
their risk, which would ultimately benefit the institutions themselves, and the wider economy.
Guideline - 11.10
Duties need to be segregated so as to avoid operational risks. Board may specify the methods of
authorisation, limits and delegation and a dual control system to ensure accuracy of limit risks.
Principle 12
Prudential supervision plays an important role in encouraging the adoption of sound corporate
governance and risk management arrangements in the financial sector. In assessing the adequacy of
supervision arrangements in the context of promoting effective corporate governance in the financial
system, the following considerations are relevant:
Guideline - 12.1
Directors and senior management should be encouraged to take responsibility for satisfying themselves
that their institution has effective corporate governance arrangements and systems for managing all
material business risks and that those systems are being applied at all times. One way of encouraging
this is for the supervisory authority to require institution directors and senior management to sign
regular statements attesting to the effectiveness of risk management systems, internal controls, internal
audit arrangements and related matters, and to hold them responsible if it transpires that those
attestations were misleading or false.
BANKING ACT
111
Guideline - 12.2
Encourage or require institutions to have their corporate governance arrangements and risk management
systems subject to periodic external review by external auditors or consultants.
The periodic external review by external auditors or consultants should be done after a critical cost/
benefit evaluation as far as possible in measurable forms (i.e. quantitative) to ensure positive results in
the short/medium/long term.
Guideline - 12.3
Institutions are encouraged to make it a condition that effective corporate governance is enforced by the
borrowing institutions when large sums are lent to such institutions.
Guideline - 12.4
Require institutions to maintain and publicly disclose a credit rating from a reputable international credit
rating agency, so as to provide an additional degree of external scrutiny of each banks corporate
governance and risk management capacity.
Guideline - 12.5
Provide guidelines on corporate governance arrangements and risk management systems and use the
guidelines as a framework for periodic assessments of the adequacy of corporate governance
arrangements.
Guideline - 12.6
Hold periodic consultations with bank directors to discuss banking risk issues and other matters relating
to the governance of their bank.
Guideline - 12.7
Require banks to have a corporate governance compliance officer, and require regular reports from the
compliance officer, attesting to the adequacy of particular corporate governance arrangements.
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Bank
Supervision
Department
12th June 2003
To : All Licensed Commercial Banks and
Licensed Specialised Banks
Dear Sir / Madam
ACCEPTANCE OF CERTIFICATES OF DEPOSIT
We refer to the discussions held at the Bank Managers meetings on the above subject and the need to
adhere to Know-Your-Customer rules (KYC) in respect of acceptance of certificates of deposits (CDs).
All licensed commercial banks and licensed specialised banks are hereby informed that they
may satisfy themselves with KYC in respect of customers who invest in CDs with banks, and
maintain records of adequate details pertaining to customer identification of the persons making
investment in CDs with the banks, and of persons encashing the CDs from the banks at the date of
maturity. The banks are requested to refrain from advertising the issue of CDs with anonymity.
The operating instructions BD/13/93 dated 5/10/1993 issued by the Central Bank on the
Scheme of Certificates of Deposit will remain effective.
Yours faithfully,
BANKING ACT
113
114
BANKING ACT
BANKING ACT
115
Yours faithfully,
116
BANKING ACT
BANKING ACT
PART C
DIRECTIONS TO THE
117
118
BANKING ACT
BANKING ACT
119
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(3) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
National Savings Bank established under Act No.30 of 1971 shall not reduce or impair its
General Reserve or Revaluation Reserve, without the prior written approval of the Monetary Board.
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BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
1.2 Transfer to such reserve fund out of net profits of each year, after payment of taxes due for
each year and before the declaration of dividends or the transfer of profits elsewhere a sum
not less than five percent of such net profits to the said reserve fund.
BANKING ACT
121
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(3) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
Cash in hand
3.2
3.3
3.4
3.5
Treasury bills and securities issued or guaranteed by the Government of Sri Lanka which
have a maturity not exceeding one year.
3.6
Goods receipts.
3.7
3.8
Inland bills.
3.9
3.10 Treasury Bonds issued under Section 21 A of the Registered Stock and Securities
Ordinance.
3.11 Such other assets as may be determined by the Monetary Board.
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BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
2.1 A licensed specialised bank is permitted to invest in the equity of a private company
subject to sub paragraph 2.2 below of this paragraph, provided such investment does not
exceed 20% of the paid up capital of the private company and 10% of the aggregate of the
General Reserves, Statutory Reserves and fifty percent of the Revaluation Reserves of
such bank provided further that the aggregate amount of such investments in the private
companies shall not exceed 25% of the aggregate of General Reserves, Statutory Reserves
and fifty percent of the Revaluation Reserves of such bank and the total aggregates of its
investments in private and public companies shall not exceed 75% of its aggregate of
General Reserves, Statutory Reserve and fifty percent of the Revaluation Reserve of such
bank.
2.2 Any equity investment in a private company by a licensed specialised bank shall be subject
to the condition that before the lapse of five years from the date of such investments or
such longer period extended by the Central Bank :
2.
BANKING ACT
123
2.2.1
the entire investment in the company shall be purchased by the other shareholders
of the company or
2.2.2
3.4 Any equity which the bank has acquired or might acquire consequent to a statutory
provision in an Act establishing a financial institution.
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BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
1.2.1
1.2.2
its subsidiaries;
1.2.2.2
1.2.2.3
1.2.2.4
1.2.2.5
2.1 For purpose of single borrower limit, accommodation granted against the security of items,
indicated at 2.2.1 to 2.2.4 below, shall not be included in the computation of single
borrower limit.
BANKING ACT
125
2.2.1
Cash
2.2.2
2.2.3
2.2.4
2.3 The provision of paragraph 1 shall not apply to inter lending of licensed specialised banks.
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BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(1) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
3.2 acquiring immovable property reasonably required for purpose of conducting its business,
or housing or providing amenities to its staff.
BANKING ACT
DIRECTIONS TO THE
127
128
BANKING ACT
The directions issued by the Monetary Board of the Central Bank of Sri Lanka under Section
76J(3) of the Banking Act No. 30 of 1988 as amended by the Banking (Amendment) Act No. 33 of
1995.
Sgd. A. S. Jayawardena
Governor
Colombo
21-11-1997.
BANKING ACT
DIRECTIONS TO THE
129
130
BANKING ACT
Dear Sir,
We enclose herewith the Direction issued by the Monetary Board, in terms of Section 76J(1)
of the Banking Act No.30 of 1988 as amended by Act No.33 of 1995, relating to the business of
pawn broking conducted by a Regional Development Bank, which is a Licensed Specialised Bank
within the meaning of the Banking Act referred to above, for your information and compliance.
The effective date of this Direction would be 1st October 1998.
Please acknowledge receipt of this letter.
Yours faithfully,
Sgd. Y. A. Piyatissa
Director of Bank Supervision
Encl.
BANKING ACT
131
Directions issued by the Monetary Board of the Central Bank of Sri Lanka, under Section
76J(1) of the Banking Act No.30 of 1988 as amended by the Banking (Amendment) Act No.33
of 1995 relating to business of pawn broking carried on by a Regional Development Bank, being
a licensed specialised bank within the meaning of the Banking Act.
Sgd. A. S. Jayawardena
Governor
Colombo
7th September 1998
(2)
These Directions shall apply to the business of
pawn broking, (hereafter referred to as pawning) carried on by a
Regional Development Bank or any branch or agency of such bank
(hereafter referred to as the pawnee).
2. In these Directions pawning means the lending of money
on the security of personal articles made of gold (hereafter referred
to as the article) accepted as a pledge for a period not exceeding an
initial period of 12 months.
Interpretation
Ownership of pledge
(2)
A person who gives an article as a pledge or
redeems an article shall establish the identity of the person to he
satisfaction of the pawnee.
4.
132
Standard Measurement
BANKING ACT
6. (1)
The standard measurement for the determination
of the quality of an article shall be a carat.
(2)
The standard measurement of weight used in the
valuation of an article shall be a gram.
(3)
An article measuring less than 9 carats shall not be
accepted as a pledge.
(4)
In valuing an article, the pawnee shall have regard
only to the value of gold in the article.
(5)
A pawnee shall, in accepting an article as a pledge,
inform the person delivering the article, the value of the article
determined in accordance with this paragraph.
Interest Rates
7. (1)
The rate of interest chargeable on the money lent
on the security of an article accepted as a pledge for pawning shall be
fixed by the pawnee.
(2)
A pawnee shall display in a conspicuous place in
its place of business a notice specifying
(a) the daily market value of sovereign gold;
(b) the rate or rates of interest fixed under
subparagraph (1) or subparagraph (3).
(c) The maximum percentage of the value of an
article lent on each carat of the article.
(3)
Where an article given as a pledge for pawning is
not redeemed within the redeemable period calculated under
paragraph 11, a pawnee may, subject to paragraph 10(2), levy interest
on the money lent at a rate higher than the rate levied during the
redeemable period, (such higher rate referred to as enhanced
interest) from the date immediately following the redeemable
period.
Books to be maintained
8.
(1)
(2)
A pawnee shall, after due inquiry, enter in each
Book kept under the subparagraph (1), the particulars specified
therein in respect of each Article taken as a pledge.
Pawn Ticket
9. (1)
Subject to subparagraph (6), a pawnee shall
execute, in respect of every article accepted as a pledge for pawning,
a pawn ticket.
(2)
A pawn ticket shall be in foil and counterfoil and
shall be in the Form set out in the Third Schedule.
BANKING ACT
133
(3)
The counterfoil of the pawn ticket shall, after it is
filled up by the pawnee, be signed by the person giving the article as
a pledge (hereafter referred to as the pawner) or, if the pawner is
unable to sign the name, be marked with the left thumb impression of
the pawner.
(4)
The foil of the pawn ticket shall be filled up and
signed by the pawnee.
(5)
The pawnee shall, after compliance with sub
paragraph (4), hand over the foil of the pawn ticket to the pawner.
(6)
When a pawner gives more than one article as a
pledge on the same occasion, the pawnee may execute one pawn
ticket for all such articles, unless the pawner requests otherwise.
10. (1)
Where an article is redeemed within the first
fourteen days of a month, the interest chargeable for that month shall
be one half of interest chargeable for that month.
Computation of Interest
(2)
Where the business of a pawnee remains closed on
the last day of the redeemable period without reasonable and
adequate notice, enhanced interest may be levied only from the day
immediately succeeding the first day on which the business
thereafter remains open.
11. (1)
Every article given as a pledge shall be
redeemable within a period of 12 months commencing from the date
of pawning (in these Directions referred to as the redeemable
period).
Redeemable period
(2)
In calculating the period of 12 months under
subparagraph (1) the date of pawning shall be disregarded.
12. (1)
Subject to the other provisions of this paragraph, a
pawner may redeem an article given as a pledge, by delivering to the
pawnee the foil of the pawn ticket in relation to that article and by
placing the signature or the left thumb imprint, as the case may be, of
the pawner on the foil in the presence of the pawnee or an authorised
agent or employee of the pawnee
(2)
A person authorised in writing by the pawner may
redeem an article given as a pledge by delivering to the pawnee the
foil of the pawn ticket in relation to the article, duly endorsed by the
signature or the left thumb imprint of the pawner and by placing on
the foil the persons signature or left thumb impression in the
presence of the pawnee or an authorised agent or employee of the
pawnee.
(3)
Where by reason of the death or disability of the
pawner, an article given as a pledge cannot be redeemable under
subparagraph (1) or subparagraph (2), a holder of the foil of the pawn
ticket in relation to the article may redeem the article by delivering to
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BANKING ACT
the pawnee the foil together with a declaration in the form set out in
the Fourth Schedule signed by the holder and by a person identifying
the holder and made before a Justice of Peace.
(4)
Where a foil in relation to an article given as a
pledge is lost, stolen, mislaid, destroyed or has been obtained by a
person not entitled to it, the pawner, the person or the holder referred
to in subparagraphs (1), (2) or (3) may redeem the article by making
a declaration in the Form set out in the Fifth Schedule signed by the
pawner, person or holder, as the case may be, and a person
identifying the pawner, person or holder and made before a Justice of
Peace and in that event the pawner, person or holder, as the case may
be, shall place the signature or the left thumb impression on the
counterfoil of the pawn ticket in the presence of the pawnee, or an
authorised agent or employee of the pawnee.
(5)
Subject to subparagraphs (1), (2), (3) and (4) the
pawnee of an article given as a pledge shall, on payment of the
money lent on the security of the article together with the interest due
thereon by the person entitled to redeem the article under those
subparagraphs, deliver, subject to subparagraph (6), the article to
such person.
(6)
Where a pawnee has reasonable grounds to
believe that a person delivering a foil of a pawn ticket under
subparagraphs (1), (2) or (3) has stolen or otherwise illegally
obtained possession of it, the pawnee may refuse to deliver the article
in relation to that foil.
(7)
The pawnee shall in delivering under
subparagraph (4) an article given as a pledge, issue to the person
redeeming the article a receipt for the money paid in the Form set out
in the Sixth Schedule.
Loss or destruction of pledge
13. (1)
Where an article given as a pledge is lost,
destroyed or damaged while in the custody of the pawnee, the
pawnee shall be liable, on demand by a person entitled to redeem it
within the redeemable period, to pay the person the value of the
article determined under paragraph (6), less any sum due as money
lent and interest thereon.
Period of retention of
documents
(b)
(2)
Every pawnee shall insure the business of pawn
broking to the value of the articles taken as pledges.
BANKING ACT
135
(d)
15. (1)
Where an article delivered as a pledge is not
redeemed within the redeemable period calculated under paragraph
11, a pawnee may sell the article by public auction and the provisions
of this paragraph and the Seventh Schedule shall apply to such sale.
(2)
The auctioneer at a public auction conducted
Under subparagraph (1) shall be a senior officer of the pawnee of a
rank not below the rank of a Branch Manager.
(3)
A pawnee shall give to each pawner of an article
liable for sale under subparagraph (1) not less than 14 days notice of
the auction.
(4)
The notice under subparagraph (3) shall state the
date, time and place of the auction and shall be sent to the pawner by
registered post to the address stated in the pledge book and the cost
of such postage shall be borne by the pawner.
(5)
Where a notice sent by registered post to a pawner
of the auction published pursuant to the Seventh Schedule shall be a
sufficient notice to the pawner.
(6)
A pawnee may bid for and purchase at an auction
conducted under subparagraph (1) an article delivered to the pawnee
as a pledge and liable to be sold under that subparagraph and on such
purchase shall be deemed to be the absolute owner of the article.
(7)
Where at an auction conducted under
subparagraph (1) an article is sold for an amount exceeding the
money lent on the security of that article together with interest
thereon, the pawnee shall
(a)
(b)
(c)
Sale of Pledges
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BANKING ACT
Acts prohibited
(b)
(c)
(d)
(e)
(f)
(g)
(h)
18. (1)
A pawnee shall be responsible for the safe custody
of articles delivered as pledges.
(2)
placed
(a) In safes which are under dual control;
or
(b) In steel cabinets under dual control kept inside a
vault.
(3)
A pawnee shall establish a dual control team of
which the Head of the pawning division shall be a member.
BANKING ACT
137
19. (1)
A pawnee may formulate rules which are not
inconsistent with these Directions for the conduct of its pawn
broking business.
Rules
(2)
A pawnee shall forward to the Director of the
Bank Supervision Department of the Central Bank a copy of the rules
formulated under paragraph (1) and display a copy of those rules in a
conspicuous place at its place of business.
[ PARAGRAPH 8 ]
1st Schedule
PLEDGE BOOK
Pledge Book of
Date
Serial
No. of
pledge in
the month
Weight of Article
if Jewellery
No. of
the Issued
Pawn Ticket
Value of each
Article in term of
para (6)
(Rs. cts.)
Pawnee of
Name
of
Pawner
Amount of Loan
upon each Article
(Rs. cts.)
Address*
of
Pawner
Name
Description
of Owner if other of each Article
than
Pawned
Pawner
Profit or interest
charged upon
each Article
(Rs. cts.)
Date
of redemption
Name &
Address
of
Person
redeeming
[ PARAGRAPH 8 ]
2nd Schedule
Date
of
Pawning
No. of
pledge as in
pledge
Book
Name
of
Pawner
Amount
of
Loan
Amount
of
Interest
due
Name &
Address of
Purchaser
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BANKING ACT
[ PARAGRAPH 9 ]
3rd Schedule
PAWN TICKET
Counterfoil
No.
Foil.
No.
Date :
Name and address of pawnee
(name and
*address of pawner) has this day pawned with the
undersigned
(name and address of pawnee) worth Rs
for Rs.
Signature of Pawnee
Signature of pawnee
Signature of Pawner or
left thumb impression
Pawner agrees
1)
2)
BANKING ACT
[ PARAGRAPH 12 ]
139
4th Schedule
(nature of disability).
Signature of A. B.,
Signature of C. D.,
Justice of Peace
[ PARAGRAPH 12 ]
5th Schedule
Justice of Peace
140
BANKING ACT
[ PARAGRAPH 12 ]
6th Schedule
RECEIPT NO.
Date :
Received on redemption of Pledge No.
Rs.
Cts.
Amount of loan
Profit or interest
Total
=============
Signature of Pawnee
[ PARAGRAPH 15 ]
7th Schedule
REGULATIONS RELATING TO AUCTIONS OF PLEDGES
2.
(b)
(c)
the number of each pledge as entered at the time of pawning in the pledge book.
3.
The pledges of each pawnee in the catalogue shall be separate from any pledges of any other pawnee.
4.
The auctioneer shall insert in a daily newspaper in all three languages an advertisement giving notice of the sale,
and stating
(a)
(b)
(c)
(d)
5.
The advertisement shall be inserted on two separate days in the same newspaper, and the second advertisement
shall be inserted at least ten clear days before the first day of sale.
6.
Where a pawnee bids at a sale, the auctioneer shall not take the bidding in any other form than that in which he
takes the biddings of other persons at the same sale; and the auctioneer on knocking down any article to a pawnee
shall forthwith declare audibly the name of the pawnee as purchaser.
7.
The auctioneer shall, within fourteen days after the sale, deliver to the pawnee a copy of the catalogue, or of so
much thereof as relates to the pledges of that pawnee, filled up with the amount for which the several pledges of
that pawnee were sold, and authenticated by the signature of the auctioneer.
8.
The pawnee shall preserve every such catalogue for two years at least after the date of the auction.
1.