You are viewing the translated version of उपचारात्मक कार्य गर्ने बैङ्कको अधिकार.
Section 86F
Bank's right to take remedial action
(1) The bank shall comply with Section 86C. According to clause (n) of sub-section (1) of the commercial bank or financial institution in question, within one year after taking control of the troubled commercial bank or financial institution, the management examination or audit of such commercial bank or financial institution shall be conducted or the report thereof shall be publicly published. (2) Management examination according to sub-section (1) Or based on the audit report, regardless of what is written in the Companies Act and other applicable laws, if the bank is confident that any commercial bank or financial institution under the control of the bank can be operated properly, the bank may perform the following remedial actions as necessary:-(a) Section 86C. According to clause (n) of sub-section (1) of the suspended board of directors, the suspension shall be lifted and the same board of directors shall be ordered to conduct management or work transactions again, (b) section 86c. According to clause (n) of sub-section (1) of the suspended board of directors and forming a new board of directors from among the shareholders of such commercial bank or financial institution to conduct management or work transactions, (c) section 86c. Dismissing the board of directors suspended in accordance with clause (n) of sub-section (1) of such commercial bank or financial institution and calling a general meeting of such commercial bank or financial institution to form a new board of directors to manage it or conduct its business, or (d) adopting any other remedial measures deemed appropriate by the bank. (3) Based on the management test or audit report as per sub-section (1) or the report of the officer appointed by the bank, the price determined by the committee formed by including the representatives of Nepal Securities Board and Nepal Chartered Accountants and other external experts as required, subject to the criteria set by the bank. In order to receive payment, the bank may issue an order by publishing a public notice to sell, distribute and transfer the ownership of the shares in his name to any person deemed reasonable by the bank.If the distribution and transfer cannot be done, the bank may confiscate such shares and the bank may sell, distribute and transfer the confiscated shares to someone else in a manner deemed appropriate by the bank after taking the opinion of the committee formed as per clause (a) of sub-section (3). (5) Sub-section (3) When taking a decision on a commercial bank or financial institution, before taking a decision on the proposed matter, the bank shall give the stakeholders an opportunity to be heard. However, providing the opportunity for an early hearing will have an adverse effect on the interest of such commercial bank or financial institution, its depositors, shareholders, creditors or the general public. If the bank takes such a decision, it should be given an opportunity for a hearing as soon as possible, and if the reasons and basis for the bank's satisfaction come out from the hearing, the decision can be changed or canceled as needed.