Sri Lanka Consolidated Acts

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Finance Companies Act (No. 78 of 1988) - Sect 27

Power of Director to issue directions in respect of connected matters

26,
(1) Notwithstanding the provisions of any other written law or the Memorandum and articles of association of a finance company, the Monetary Board may, where a Order has been made by the Board under paragraph (a) of subsection (4) of section 18, on a report made by the Director
(a) make such arrangements as it considers necessary for the amalgamation of the finance company with another finance company or any other institution; with the consent of such other finance company or institution;
(b) re-organise such finance company by increasing its Capital and arranging for new shareholders and by reconstituting its Board of Directors; or
(c) re-construct the finance company in any such manner as it considers to be in the interest of depositors;
(d) direct any shareholder of any finance company to divest or transfer the ownership of the shares owned by him, to a person nominated by the Monetary Board, on payment by such person of compensation determined as follows:
(i) where such shares are quoted, at the market value thereof; or
(ii) where such shares are not quoted at a price to be determined by a valuer nominated by the Board.
(2) A shareholder who fails to comply with a direction given to him under paragraph (d) of subsection (1) shall be guilty of an offence.


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