Revised Laws of Saint Lucia (2021)

41.   Limitation of risk to licensed financial institution

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    (1)   Where a licensed financial institution or proposed licensed financial institution is or will be a member of a corporate group and no other member of the corporate group is limited in its activities to those permitted to a member of a financial group, in lieu of or in addition to a restructuring under section 35 the Central Bank may require the licensed financial institution to take any measures as, in the opinion of the Central Bank, are appropriate to limit the risks to which the licensed financial institution may be exposed from the other members of the corporate group.

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    (2)   Without limiting the generality of subsection (1), the Central Bank may, by order —

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      (a)     restrict or prohibit credit exposures by the licensed financial institution to the other members of the corporate group, or to any person that directly or indirectly controls the holding company of the corporate group;

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      (b)     limit or prohibit loans or other transfers of funds by members of the corporate group to the licensed financial institution, other than deposits with the licensed financial institution made in the ordinary course of business;

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      ©     limit or prohibit loans or other transfers of funds by the licensed financial institution to members of the corporate group;

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      (d)     increase capital and liquidity requirements with respect to the licensed financial institution; or

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      ©     require that some or all of the directors of the licensed financial institution be independent directors.