Revised Laws of Saint Lucia (2021)

89.   Submission of returns and production of information as required by the Central Bank

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    (1)   Every licensed financial institution shall furnish to the Central Bank at the time and in the manner the Central Bank may determine, information and data, on a solo or consolidated basis, as the Central Bank may require for the proper discharge of its functions and responsibilities.

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    (2)   For the purposes of determining compliance with this Act and any potential risks to a licensed financial institution from its membership in a corporate group, the Central Bank may require any affiliate of a licensed financial institution to furnish to the Central Bank information and data in the time and in the manner the Central Bank may determine.

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    (3)   Without limiting the generality of subsection (1) every licensed financial institution shall, at the request of the Central Bank submit to the Central Bank in a form as the Central Bank determines —

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      (a)     not later than 14 days after the last day of the month to which it relates, a monthly statement of assets and liabilities at the end of each month;

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      (b)     not later than 14 days after the end of the quarter to which it relates, a quarterly return providing an analysis of customers' liabilities to the licensed financial institution in respect of loans, advances and other assets of the licensed financial institution at the end of each quarter;

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      ©     not later than 14 days after the end of the quarter to which it relates, a quarterly return providing information on all exposures that equal to or are in excess of 10% of the capital base of the licensed financial institution;

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      (d)     within such period as the Central Bank may determine that other returns may be required.

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    (4)   All statements and returns submitted by a licensed financial institution under subsection (3), any data or information submitted by a licensed financial institution or affiliate under subsection (1) or (2), and any other information obtained under this Act regarding the identity, assets, liabilities, transactions or other information in respect of a depositor or customer of a licensed financial institution shall be regarded by the Central Bank as secret.

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    (5)   Notwithstanding subsection (4) —

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      (a)     the Central Bank may —

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        (i)     provide international financial institutions, foreign banking supervisors and any other local or foreign authorities responsible for the supervision or regulation of a licensed financial institution, or for maintaining the integrity of the financial system with such statements, returns, data and information, and

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        (ii)     provide access, to any officer of a foreign authority responsible for the supervision or regulation of a foreign financial institutions in order to assess the safety and soundness of a foreign financial institution,

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           on a reciprocal basis and subject to an agreement for confidentiality and a Memorandum of Understanding;

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      (b)     the Central Bank may publish statements on the assets and liabilities of each licensed financial institution furnished under subsection (3)(a) but no information in respect of the affairs of a particular customer of a licensed financial institution shall be so published.