You are viewing the translated version of समस्याग्रस्त वाणिज्य बैंकवा वित्तीय संस्थालाई बैङ्कले कारबाही गर्न सक्ने.
Section 86C
<br> which banks can take action against troubled commercial banks or financial institutions
Section 86B. Accordingly, if the bank declares that a commercial bank or financial institution is in trouble, regardless of what is written in the Companies Act and other prevailing laws, the bank may take over the management of such commercial bank or financial institution or order the board of directors of the related commercial bank or financial institution to take any or all of the following actions: - (a) To increase the paid-up capital by issuing new shares or to make payment of the outstanding amount of the issued capital, (b) To suspend the voting rights or other rights of the shareholders as necessary, (c) Dividends or other amounts to be given to the shareholders to increase the capital. Prohibiting the distribution for a certain period, (d) determining the limits of the distribution of bonus, salary, compensation and other amounts to be given to directors and other high officials, (e) arranging proper arrangements for the good governance, internal control and risk management of commercial banks or financial institutions, f) Prohibition of deposit acceptance, lending or investment or limit thereof, (g) Require capital adequacy and liquidity ratio to be high or prohibit business transactions or set other necessary conditions, (h) Limit the business of commercial banks or financial institutions or prohibiting the sale or expansion of branches or ordering the closure of any branch office in the country or abroad, (i) arranging necessary arrangements to reduce the risk of assets that are qualitatively questionable and mortgages or other assets that do not have real value records, (j) existing laws and bank regulations Prohibition of activities that cause losses to the concerned commercial banks or financial institutions in an irregular manner in violation of regulations, (k) Prohibition of any specific nature of activities that commercial banks or financial institutions are permitted to perform for a specific period of time, (l) When major capital expenditures are made. A significant commitment or potential liability(d) To remove one or more directors, managers or employees as required, (d) If the concerned commercial bank or financial institution does not remove the directors, managers or employees mentioned in the order when giving the order as per Clause (d) Regardless of what is written in the prevailing law, the bank may remove such directors, managers or employees by itself. Clarification: "Appointed officer" means any one or more persons, firms, companies or organizations appointed by the bank to manage and conduct business of commercial banks or financial institutions taken under the control of the bank in accordance with this section. Compelling commercial banks or financial institutions to apply for removal of their names from the securities market, (d) Prohibiting principal and interest payments of subsidiary periodic loans not secured by commercial banks or financial institutions, (d) Taking any other actions deemed necessary and appropriate by the bank. (2) Subsection When ordering the removal of directors, managers or employees of a commercial bank or financial institution in accordance with clause (d) of (1) or suspending the board of directors of such a commercial bank or financial institution by taking over the management of a commercial bank or financial institution in accordance with clause (n) or the Board of Directors shall not be deprived of a reasonable opportunity to be heard. However, if giving such an opportunity is found to adversely affect the interest of the commercial bank or financial institution or its depositors, shareholders, creditors or the general public, regardless of what is written in the prevailing law, such directors, managers or employees shall immediately be removed from their positions or services. Order of removal or suspension of the Board of Directors and opportunity for hearing as soon as possibleThis sub-section shall not be deemed to be a hindrance to providing. (3) In the hearing regarding the action as mentioned in the restrictive phrase of sub-section (2), if the action is not found to be appropriate, the bank shall cancel the order as per clause (d) or (n) of sub-section (1). (4) In accordance with clause (n) of sub-section (1), the bank takes over any commercial bank or financial institution under its control and in any manner mentioned in the same section, all the expenses incurred in the management and operation of the commercial bank or financial institution are related to The commercial bank or financial institution will have to bear. (5) The period of the order given by the bank in accordance with clause (n) of sub-section (1) shall normally remain for two years unless the bank extends it by another similar order. (6) According to clause (n) of sub-section (1) the bank shall On taking over any commercial bank or financial institution, the preliminary report thereof and thereafter the annual report prepared by the bank or the officer appointed by the bank shall be sent for the information of the Government of Nepal. ) if the bank deems it necessary, the order given as per ) may be withdrawn or canceled by another order. When another order is issued, the grounds and reasons for issuing such an order and other necessary matters shall be mentioned in that order. , the position of manager or employee or holding any position of any commercial bank or financial institution or being affiliated directly or indirectly in any other way shall not be allowed to conduct any work transaction. Directors, managers or employees or members of the board of directors who have been suspended in accordance with Clause (b) shall not be entitled to claim any remuneration or compensation mentioned in that agreement in accordance with any law in force since the date of the said order or if there is any direct or indirect agreement with them. (10) ProblemThe determination of the capital of any commercial bank or financial institution, assessment of assets and liabilities shall be in accordance with the basis, process and criteria prescribed by the bank.