BANKS AND OTHER FINANCIAL INSTITUTIONS ACT, 2020

Section 64: Consolidated Supervision.

2020Section 64 of 132Federal Republic of Nigeria

(1) The Bank may, by regulations, prescribe the framework for the exchange of information among regulators of entities related to, associated with, or otherwise affiliated to banks, specialised bank or other financial institutions.
(2) The Bank may, from time to time, cause an examination, to be carried out by an examiner appointed by it in writing, of the books, accounts and records of any bank, specialised bank other financial institution and entities associated with or otherwise affiliated to the bank, specialised bank or other financial institution, as the case may be.
(3) When an examination is conducted pursuant to subsection (2), the institution concerned and every officer and employee thereof shall produce and make available to the person conducting the examination all the books, accounts, records and other documents of the institution and such correspondence, statements and information relating to the institution, its business and the conduct as the person conducting the examination may require and failure to produce any book, account, record, document, correspondence, statement or information contravenes this Act.
(4) The examiner may make copies of any book, account and other document required for the purposes of the examiner's report, and all information obtained in the course of the examination shall be treated as confidential and used solely for the purposes of this Act.
(5) The examiner shall submit the examiner's report to the Bank, drawing attention to any breach or non-observance of the requirements of this Act and any regulation made thereunder-
(a) any irregularity in the manner of conduct of the business of the entity;
(b) any mismanagement of the business or lack of management skills; and
(c) the institution and any other matter revealed or discovered in the course of the examination warranting, in the opinion of the examiner, remedial action or further investigation.
(6) For purposes of this Act, the Bank shall be the coordinator of the consolidated supervision of a group to which a regulated entity belongs, and as such may appoint a competent authority from any other entity or entities with expertise in the relevant field to carry out an inspection of the operations of the associated, holding or subsidiary company of a bank, specialised bank or other financial institution, or of any person who exercises control over such institution, in order to satisfy itself that the operations of such associated company are not detrimental to the operations of the bank, specialised bank or other financial institution concerned.
(7) The Bank may upon receipt of a report under subsection (5), require changes to the legal or management structure of a group or banking group if it determines that such structures in their current form constitute an impediment to the performance of the Bank's supervisory functions and require a group or banking group to retain a single auditor to provide an overall review of the group or banking group, including the preparation of consolidated financial statements as the Bank may prescribe.

Cite this section

Section 64, BANKS AND OTHER FINANCIAL INSTITUTIONS ACT, 2020 (2020).

https://repo.podus.ai/laws/banks-and-other-financial-institutions-act-2020/section/64/