Revised Laws of Saint Lucia (2021)

PART 10
RECEIVERSHIP AND COMPULSORY LIQUIDATION

138.   Grounds of receivership

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    (1)   The Central Bank may appoint a receiver for a licensed financial institution or licensed financial holding company where —

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      (a)     it is insolvent;

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      (b)     it is not viable;

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      ©     its capital is impaired or its condition is otherwise unsound;

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      (d)     it has experienced substantial dissipation of assets or earnings due to any of the grounds for action by the Central Bank under section 75(1);

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      ©     its directors, officers, employees, or significant shareholders wilfully violate or fail to comply with an order or direction of the Central Bank under sections 75 to 87;

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      (f)     its business is being conducted in an unlawful or imprudent manner;

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      (g)     the continuation of its activities is detrimental to the interests of its depositors;

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      (h)     it conceals or refuses to submit any of its records or its operations for examination as provided for in section 74, or has otherwise obstructed such examination;

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      (i)     its licence has been revoked in accordance with section 14 or section 76;

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      (j)     official administration is terminated under section 137(2)(b); or

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      (k)     it is carrying on banking business without a licence.

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    (2)   A receiver appointed under this Part shall liquidate the licensed financial institution or licensed financial holding company for which it has been appointed receiver and wind up its affairs in an orderly manner that minimizes any risk to financial stability, minimizes disruption to depositors, and, consistent with the preceding goals, maximizes the value of the assets of the licensed financial institution or licensed financial holding company.

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    (3)   For the purposes of this section, “insolvent” means the licensed financial institution or licensed financial holding company is not paying or is unable to pay its obligations as they fall due or the value of its liabilities exceeds the value of its assets;

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    (4)   The value of a licensed financial institution's or licensed financial holding company's assets, liabilities and capital shall be determined in accordance with valuation standards and procedures issued by the Central Bank.