Sri Lanka Consolidated Acts

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Securities Exchange Of Sri Lanka (Amendment) Act (No. 18 of 2003) - Sect 24

Amendment or section 31 D or the principal enactment

24. Section 31D of the principal enactment is hereby amended as follows :
(1) by the repeal of subsections (1), (2), (3) and (4) of that section, and the substitution therefor of the following subsections :
(1) The Commission shall can eel or suspend the licence granted to a managing company in respect of a particular unit trust, where the Commission is satisfied that
(a) the managing company of such unit trust has acted in breach of any provision of this Act or any rules or regulations made thereunder;
(b) the managing company of such unit trust has ceased to be of good financial standing;
(c) the managing company of such unit trust is guilty of malpractice or irregularity in the management of its affairs;
(d) the managing company of such unit trust has been dismissed by the trustee of a unit trust; or
(e) the approval granted to the trustee of such unit trust has been withdrawn by the Commission under section 31B and anew trustee has not been approved by the Commission.
(2) Before the cancellation of a licence granted to a managing company in respect or a particular unit trust in terms of the preceding subsection, such managing company shall be given an opportunity to show cause as to why such licence should not be cancelled,
(3) Where the licence granted to a managing company in respect of a particular unit trust is cancelled, it shall be the duty of such managing company to forthwith surrender its licence to the Commission,
(4) Where the Commission is satisfied that the managing company in respect of a particular unit trust has contravened the provisions of paragraph (a), (b) or (c) of subsection (1) and that such contravention is not considered by the Commission as being of a serious nature, it may, in lieu of acting under subsection (1), direct such managing company to take whatever action the Commission may consider appropriate to
(a) rectify or set right the condition resulting from such contravention; or
(b) to comply with the provisions of this Act or any rule or regulation made under this Act or to desist from continuing such contravention. '.
(2) in subsection (5) of that section by the substitution for the words "trustee or managing company" wherever those words occur in that subsection. of the words" managing company" ;
(3) by the substitution for the marginal note to that section, of the following marginal note :


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