The
State Law and Order Restoration
Council
The
Financial Institutions of
Myanmar Law
(The State Law and Order
Restoration Council Law
No. 16/90)
The 13th Waxing Day of Waso,
1352 M.E.
(4th July, 1990)
The State
Law and Order Restoration
Council hereby enacts the
following Law:-
Chapter
I
Title and Definition
This Law
shall be called the Financial
Institutions of Myanmar
Law.
2. The
following expressions contained
in this Law shall have the
meanings given hereunder:-
(a) Financial Institution
means an enterprise established
in the State, whose corporate
purpose is intermediation
on the money or capital
markets through the collection
of financial resources from
third parties for investment
on their own account in
credit operations, credit
and public debt instruments,
securities, or other authorized
financial activities;
(b) Central Bank
means the Central Bank of
Myanmar;
(c) Board
means the Board of Directors
of the Financial Institution;
(d) Chairman
means the Chairman of the
Board of Directors of the
Financial Institution;
(e) Member
means the member of the
Board of Directors of the
Financial Institution.
Chapter
II
Establishment
3. (a)
The Financial Institutions
other than those specifically
established under this Law
shall be established as
limited liability company
in accordance with the•
Myanmar Companies Act as
well as with the Special
Company Act, 1950;
(h) This Law shall apply
to the financial institutions.
4. The shares and stock
any financial institution,
with or without voting rights,
shell be registered. Preferencial
shares shall not be converted
into share or stock with
voting rights.
5. Financial
institutions and the services
they provide shall he classified
as follows:-
(a) the Commercial Banks:
(b) the Investment or Development
Bank:
(c) the Finance Companies;
(d) the Credit Societies.
6. (a)
Commercial Banks shall engage
primarily in the collection
of demand deposits with
chequing privileges and
time deposits with terms
not more than one year,
and in short-term credit
operations;
(b) Investment or development
banks whose operations shall
primarily include the acceptance
of time deposits with terms
exceeding one year and financing
of fixed or working capital
at terms consistent with
the terms of the resources
collected by such banks
or funds provided by the
Government;
(c) Finance Companies shall
engage primarily in financing
the purchase of goods or
services with funding other
than deposits from the public;
(d) Credit Societies shall
engage primarily in financing
to individuals who are members
for consumption, production
or commerce, using funds
collected in members accounts.
7. Transactions
in deposit accounts maintained
with Credit Societies may
be made without prior notice.
Provided that chequing privileges
shall not be allowed in
withdrawing from such account.
Such deposit account shall
have the right to bear interest
as long as no withdrawals
are made during periods
prescribed y the Central
Bank.
9. The Central Bank may
permit a financial institution
to engage in more than one
of the activities contained
in Section b.
10. Financial
institutions shall have
no right to become directly
or indirectly involved in
activities other than those
prescribed specifically
to operate. Provided that
other activities in support
of financial services permitted
by the Central Bank may
be undertaken.
11. (a)
The paid-up capital of financial
institutions shall be paid
in cash:
(b) Financial institutions
shall deposit with the Central
Bank the fully paid-up Capital.
Such paid-up capital shall
be released only upon conclusion
of the licensing process;
(c) Subject to compliance
with the terms and conditions
prescribed by the Central
Bank, the capital of the
financial institution may
be increased through the
establishment of reserves,
including those resulting
from the revaluation of
fixed assets;
(d) A financial institution
shall set aside 25 per cent
of its net profits, as prescribed
by the Central Bank, in
a general reserve account
until this account reaches
100 per cent of its paid-up
capital. The Central Bank
may also require financial
institutions to make additional
provisions against specific
assests. Financial institutions
may also make additional
provisions on their own
initiative.
Chapter
III
Licence to Operate
12. Financial
institutions, whether State-owned,
jointly owned by State and
private or private shall
obtain the prior sanction
from the Central Bank to
perform the functions.
13. (a)
The permission to operate
in the State as a financial
institution with foreign
capital, or as a branch
of a foreign bank may be
granted by the Central Bank
in accordance with Section
14;
(b) The permission to open
in the State as a representative
office of a financial institution
established abroad may be
granted by the Central Bank.
Provided that such representative
office shall not perform
any of the functions prescribed
for financial institutions.
14. (a)
A financial institution’s
licence to operate may be
granted by the
Central Bank after scrutinizing
the application form prescribed
by the Central Bank duly
filled in together with
the feasibility study. Such
feasibility study shall
contain the following:
(i) a market for the services
to be performed and interest
on the part of the community
to be served;
(ii) the money resources
required and how they may
be acquired;
(iii) the anticipated profit
to be gained by the proposed
institution;
(iv) the qualifications
and technical competence
of management;
(v) the types of financial
services that the applicant
would like to undertake;
(b) The financial institutions
shah not be granted licence
to operate unless they deposit
their fully paid-up capital
with the Central Bank;
(c) A licence
shall not be granted if,
in the Central Bank’s
opinion, the name chosen
for the institution might
mislead the public regarding
the true nature of its shareholders
or activities;
(d) Within three months
from the date of receipt
of a complete application,
the Central Bank shall grant
or deny the licence;
(e) Within 15 days from
the date when the licence
is granted, the financial
institution shall pay to
the Central Bank a licence
fee amounting to 0.1 per
cent of the initial paid-up
capital;
(f) When granting or withdrawing
a licence to operate as
a financial institution,
the Central Bank shall publish
it in the Myanmar Gazette.
15. The
Central Bank shall determine
the minimum capital requirements
for new institutions, relying
on their proposed location
and financial activities.
16. (a)
The licence to operate shall
be granted without limit
to its duration;
(b) The licence to operate
shall not be transferable;
(c) Financial institutions
shall commence their operations
within one year from the
date of receipt of their
licence to operate.
17. If
the following situation
occurs, the Central Bank
shall withdraw the licence
to operate:-
(a) failing, within the
period specified, to deposit
the modified minimum capital
requirements prescribed
for the financial institutions;
(b) failing, within the
period specified, to restore
the minimum capital required
following losses in business;
(c) failing, within the
period specified, to refrain
from activities which violate
the existing laws or fail
to comply with the terms,
and conditions prescribed
by the authorities;
(d) liquidating voluntarily
or involuntarily or bankruptcy;
(e) extinguishing of the
original legal entity as
a result of a merger, amalgamation
or division.
18. (a)
The merger, amalgamation
or division of a financial
institution shall obtain
the prior sanction from
the Central Bank;
(b) Approval of merger,
amalgamation or division
under sub-section (a) shall
be granted only if the emerging
financial institution has
been granted a licence by
the Central Bank;
(c) The transfer, in one
or more transactions, of
any block of shares representing
more than 15 per cent of
the capital of a financial
institution shall obtain
the prior sanction from
the Central Bank.
19. The
establishment of the branches,
agency offices and other
similar offices of the financial
institutions or change in
location of branches, agency
offices and other similar
offices shall obtain the
prior sancion of the Central
Bank.
20. Unless
otherwise permitted by the
Central Bank in particular
case, the branches, agency
offices and other similar
offices of financial institutions
shall be opened for business
to the public during such
hours and on such days as
prescribed by the Central
Bank.
Chapter
IV
Management
21. Financial
Institutions shall be administered
by the respective Board.
The Board may delegate its
powers to the officers of
the financial institutions
concerned
22. Financial
institutions shall draft
the memorandum of association
and articles of association.
A copy thereof shall be
sent to the Central Bank.
23. Any
amendment to the memorandum
of association and articles
of association of the financial
institutions shall only
be amended after obtaining
the prior sanction from
the Central Bank.
24. The
Central Bank may prescribe
the required qualification
of the members of the financial
institution.
Chapter
V
Functions, Duties and Powers
25. Subject
to the approval of the Central
Bank, financial institutions
may engage in the following
functions:-
(a) borrowing or raising
of money;
(b) lending or advancing
of money either upon or•
without security;
(c) drawing, making, accepting,
discounting, buying, selling,
collecting and dealing in
bills of exchange, promissory
notes, drafts, bills of
lading, railway receipts,
debentures, and other documents
of title and debt securities,
whether negotiable or not;
(d) granting and issuing
of letters of credit and
travelers cheques;
(e) buying, selling and
dealing in bullion and species;
(f) buying and selling of
foreign exchange including
foreign bank notes;
(g) purchasing and selling
of bonds or other forms
of securities on behalf
of customers;
(h) receiving securities
or valuables for safe custody;
(i) collecting and transmitting
money and securities;
(j) acting as agents of
local governmental authorities
or the Central Bank;
(k) providing guarantees
for extensions of credit
and performance of business
et cetera;
(1) financing or assisting
in financing any business
undertaking, either existing
or new, through syndicates
or otherwise;
(m) undertaking trust business
and the administration of
estates as executor or trustee;
(n) acquiring shares in
a licensed financial institution
or acquiring an equity interest
in other institution in
accordance with this Law:
(o) undertaking other financial
services activities.
26. Financial
institutions may, without
the approval of the Central
Bank, engage in the following
activities:-
(a) managing and disposing
all properties, movable
and immovable, which come
into the possession of institution
in full satisfacion or partial
satisfaction of any of its
claims;
(b) establishing associations
or funds or trust for the
benefit of personnel or
ex-personnel of its institution
or their dependents; supporting
or contributing donations
to them; granting pensions
and allowance to them and
making payments towards
employee benefit insurance;
(c) acquiring, disposing,
constructing and maintaining
the building required for
the institution.
27. Financial
institutions shall be prohibited
from issuing bonds which
might result in the holders
of such bonds exercising
a right to manage the institution
concerned.
28. In
carrying out credit operations,
financial institutions shall
comply with the principles
of risk avoidance, diversification
and liquidity, as well as
with directives issued by
the Central Bank.
Explanation
Any operations
requiring the institution
to deliver or to assume
the risk of having to deliver
financial assets in exchange
for a claim, shall be considered
credit operations. Such
credit operation includes
loans or advances, discounts
of bills of exchange , lines
of credit, payment orders
and guarantees.
29. Financial
institutions shall acquire
and keep the legal documents
for the respective credit
operation:
(a) the loan application
and the documents in which
the borrower indicates the
use to be made of the borrowed
funds, and the legal status
of and value assigned to
the guarantees provided;
(b) the financial records
of the borrower and the
guarantors which served
as the basis for the operation;
(c). the decision of the
department concerned, manager
or deputy approving the
operation, with the signature
of the person or persons
responsible for the decision,
and in the case of a group
decision, a copy of the
minutes of the meeting at
which the transaction was
approved.
30. (a)
Financial institutions may
get permission from the
Central Bank an exemption
to necessary documentation
under Section 29 or to simplify
the registration requirement
for operation involving
small amount;
(b) Financial Institutions
may get permission from
the Central Bank an exemption
to documentation or to simplify
the registration requirement
for the discount or pledge
of commercial papers approved
by the branch managers,
agency offices, and other
similar offices within the
limits of their power under
Section 29.
31. (a)
The relation between the
risk-weighted assets and
the capital and reserves
of a financial institution
shall not exceed ten times.
Explanation
Risk-weighted
assets are the weighted
sum of the assets of the
financial
institution in which each
type of assets is weighted
by a factor.
(b) The financial institutions
shall comply with the value
of the factor applying to
each type of asset and the
method of calculation as
prescribed by the Central
Bank from time to time.
32. Financial
institutions shall not lend
more than 10 per cent of
their capital plus reserves
to a single individual,
an enterprise, or an economic
group, and none of their
10 largest debtors, including
economic groups, shall account
for more than 30 per cent
of their total loan portfolio.
33. In
carrying out lending and
borrowing operations, financial
institutions shall protect
their liquidity and comply
with the terms and conditions
prescribed for this purpose
by the Central Bank.
34. Financial
institutions shall regularly
notify their customers of
the terms and conditions
associated with their deposits
and loans, including the
annual rate of interest
and the calculation method
used. The Central Bank shall
determine the intervals
at which such declaration
shall be made and the forms
to be used.
35. Financial
institutions shall not directly
or indirectly purchase shares,
become a partner, or acquire
an interest amounting to
more than 10 per cent of
the equity of projects or
enterprises, or be under
common ownership or otherwise
associated with enterprises
other than licensed financial
institutions.
36. The
prohibitions contained in
Section 35 shall not apply
in the following cases:-
(a) acquisition of shares
or other interests for the
loans granted;
(b) acquisition of shares
or other interests as an
agent;
(c) acquisition of shares
or stock for the purpose
of resale to third parties.
37. Financial
institution shall dispose
of all shares and interests
acquired for the loans within
one year from the date of
receipt unless an extension
is granted by the Central
Bank.
38. Financial
institutions shall be prohibited
from:-
(a) entering into contracts
or agreements or adopting
practices of any kind which
would secure them a position
of dominance on the money,
financial or exchange markets;
(b) engaging in manipulative
practices in order to obtain
an unfair advantage for
themselves or for third
parties.
Chapter
VI
Business with Persons related
to the Financial Institutions
39. Financial
institutions may carry on
business with the following
related persons only in
accordance with this Law:
(a) the administrators,
such as the members and
departmental managers;
(b) the members of the Audit
Committee;
(c) companies controlling
the financial institution
concerned by owning majority
shares thereof and the principal
shareholders or administrators
of such companies;
(d) members, members of
Audit Committee, administrators,
departmental managers or
wife, husband, sons and
daughters or first cousin
relatives of the principal
shareholders of the financial
institution concerned controlling
the company by owing majority
shares thereof;
(e) companies in which one
of the persons contained
in sub-sections (a) (b)
(c) and (d) has a direct
or indirect equity interest
equal to or exceeding 10
per cent of the equity capital;
(f) principal shareholders
of the financial institution
and any company under their
direct or indirect control.
Explanation
The principal
shareholder contained in
this section means the beneficial
owner of more than 10 per
cent equity interest of
the company, partnership
or financial institution.
40. Legal
entities controlling the
public financial institution
or a financial institution
jointly owned by public
financial institution and
private financial institution
and the administrators of
such institutions, as well
as legal entity directly
or indirectly controlled
by such administrators and
its administrators shall
be deemed to be persons
related to the financial
institution.
41. Persons
related to any of the institutions
making up a financial group
shall also be deemed to
be related to each of the
institutions in the group.
42. Financial
institutions shall not grant
the following special privileges
to related persons:
(a) carrying out business
which, by its nature, aim,
characteristics, or risk,
would not be carried out
by the institution with
other customers;
(b) collecting interest,
fees, or other charges or
accepting guarantees which
are lower than those required
of other customers.
43. (a)
Financial institutions shall
do business with related
persons only if so permitted
by the Board based on a
report of the departmental
managers. A description
of the relationship involved,
an analysis of the transaction
concerned and of the financial
situation and income of
the applicant, and an assessment
of the applicant’s
credit worthiness shall
be included in the departmental
managers’ reports;
(b) Members having interest
in the matter submitted
to the Board or members
who are related by marriage,
blood, or by being son or
daughter, or having interest
in a business with a person
associated with the financial
institution shall be required
to leave the meeting during
the time in which the Board
is deliberating on the matter
submitted to it;
(c) The maximum amount lent
to a personnel of a financial
institution shall be as
prescribed by the Central
Bank from time to time;
(d) The total amount lent
to personnel by a financial
institution should not exceed
5 per cent of its capital.
Chapter
VII
Auditing, Reporting and
Supervision by Central Bank
44. Subject
to the approval of the Central
Bank, an auditor shall be
appointed to each financial
institution. Provided that
in the case of financial
institutions in which the
Government owns shares.
an auditor shall be appointed
to each financial institution
under Section 145A of the
Myanmar Companies Act.
45. The
auditor of a financial institution
shall have the following
duties and responsibilities:-
(a) preparing for the Central
Bank and the Board or manager
in the case of a branch
of a foreign hank a report
on the balance sheet and
profit and loss account,
and to deliver his opinion
as to whether the financial
statements in such report
adequately reflect ~he financial
position of the institution
and its solvency;
(b) informing the Central
Bank and the Board or manager
in the case of a branch
of a foreign bank of any
irregularities and deficiencies
observed in the operations
and accounts which could
result in material losses
for the institution.
46. Financial
institutions shall he required
to prepare periodic reports
using the forms prescribed
by the Central Bank. providing
sufficient information on
their administrative and
operational status, liquidity,
solvency, and profitability
for an assessment of the
stability of and trends
in their financial position.
The reports shall be prepared
in accordance with the accounting
standards prescribed by
the Central Bank for financial
institutions.
47. The
auditor’s report and
the balance sheet for the
financial year shall he
published in the manner
as prescribed and approved
by the Board and the shareholders,
for public information.
48. All
financial institutions shall
be subject to inspections
by the Central Bank inspectors
or by auditors appointed
by it. In their inspections
of financial institutions,
the Central Bank and its
auditors may:-
(a) examine the accounts
and related documents, the
books, and other documents;
(b) ask supervisors, administrators,
agents, and personnel of
the institution for information
on any matter relating to
its organization and operation.
49. The
Central Bank may require
that a financial institution
shall have an
Audit Committee consisting
of 3 members appointed by
the shareholders. The
Audit Committee shall:-
(a) monitor compliance with
the laws applicable to the
financial institutions and
submit to the Board such
matters as it feels should
he reported;
(b) give opinion on any
matters forwarded to it
by the Board.
50. The
Audit Committee shall meet
ordinarily once in three
months and extraordinarily
when convened by the Board.
All members of the Audit
Committee shall he present
at such meetings and shall
he no absentation from voting,Decisions
shall he taken by majority
votes of the members.
5 I. Financial
institution may appoint
or hire experts to assist
the Audit lice in connection
with activities contained
in Section 49.
Chapter
VIII
Administratorship
52. In
the event that the financial
position of a financial
institution should indicate
that it is not in compliance
with the minimum requirements
for operating in the market,
thus placing the deposits
and investments of its customers
at risk, the Central Bank
may, by decision of it~
Board of Directors, require
any institution to he under
administratorship in order
to restore the situation
of the institution to normal.
In appointing the administrator,
the officer of the Central
Bank or other suitable person
may be appointed.
53. The
order deciding to appoint
the administrator shall
contain the following:-
(a) the reasons for appointing
the administrator;
(h) the name of the administrator;
(c) the duration of the
administration;
(d) the right to suspend
the withdrawal of deposits
or Customers’ funds
in the financial institution;
(e) measures including sequestration
of the property owned by
the members and officers
of the financial institution
to ensure payment of possible
losses to third parties.
54. In
appointing the administrator
the Central Bank may, during
the period of the administratorship,
suspend the terms of office
of members and officers
of the financial institution.
Such persons shall return
to their duties only if
they are not disqualified
by the Central Bank:
55. The
administrator shall have
full managerial powers and
shall have authority to
close the branches, agency
offices, and other similar
offices. In addition, to
adopt any measures required
to normalize the situation
of the financial institution
including dismissal of personnel
deemed to he unfit to perform
their duties by him.
56. If
in the opinion of the administrator
the full rehabilitation
of the financi~l institution
is necessary, he may at
any time declare deposits
and investments by the public
in the financial institution
to he totally or partially
blocked for a maximum period
of one year. Provided that
measures are taken which
shall preserve the approximate
value of these deposits
and investments.
57. During
the administratorship, the
Central Bank may provide
financial support to the
financial institution under
conditions to be prescribed
in order to provide for
any temporary liquidity
deficiency.
58. If
during or at the end of
the administratorship the
Central Bank is of the opinion
that the reorganization
of the financial institution
to be more costly than its
dissolution, it shall apply
to the court to declare
such financial institution
insolvent and to permit
liquidation in accordance
with law.
59. The
administrator shall give
priority to the funds provided
by the Central Bank during
his administratorship over
other liabilities of the
financial institution. The
members and officers of
such financial institution
shall be personally liable
up to the amount required
for full satisfaction of
the liabilities of the financial
institution.
60. The
administratorship shall:-
(a) cease at the end of
the term established if
there is no extension by
the Central Bank or if the
Central Bank is of the opinion
that the financial institution
is capable to operate normally;
(b) cease upon liquidation
of the financial institution.
61. In the circumstances
provided in the sub-section
(a) of Section 60, a further
condition for the cessation
of the administratorship
shall be the repayment or
the Central Bank agreement
to a scheduled repayment
of the funds provided to
the financial institution
by the Central Bank.
Chapter
XI
State-owned Financial Institutions
62. (a)
The following financial
institutions shall be deemed
to have been established
under this Law:
(i) The Myanmar Economic
Bank;
(ii) The Myanmar Foreign
Trade Bank:
(iii) The Myanmar Investment
and Commercial Bank:
(b) The
Government may, apart from
the financial institutions
contained in sub-section
(a), also establish other
financial institutions;
(c) The provisions of this
Chapter shall apply only
to the financial institutions
contained in sub-sections(a)
and (b).
63. (a) The authorized capital
of each Bank shall be prescribed
as one
million ordinary shares
of kyats 1,000 each;
(b) The number of shares
and value of the initial
capital to be subscribed
by the Government for eazh
Bank shall be as follows:
| |
Number
ofshares |
Value
(in million kyats) |
| (i) |
The
Myanmar Economic Bank |
140,000 |
140 |
| (ii) |
The
Myanmar Foreign Trade
Bank |
60,000 |
60 |
| (iii) |
The
Myanmar Investment and
Commercial Bank |
60,000 |
60 |
(c) The Government may,
from time to time, increase
the authorized capital or
paid-up capital if it owns
not less than 50 per cent
of the share of a Bank.
The Government shall increase
the said capitals if it
owns less than 50 per cent
of the share of a Bank in
accordance with the existing
laws;
(d) The Government shall
by notification prescribe
the number of shares and
value of capital for the
financial institution established
under sub-section (b) Section
62.
64. (a) Banks shall be administered
by each Board of Directors;
(b) The respective Banks
shall perform the functions,
duties and powers
as contained in this Law.
65. The Board shall be constituted
with a minimum of 7 members.
The Board shall consist
of the following members:-
(a) 6 members appointed
by the Government;
(b) members elected by the
shareholders.
66. (a) The Government shall
be entitled to appoint 6
directors, including
the Chairman, if it owns
not less than 50 per cent
of the share of a
Bank. If the Government
owns less than 50 per cent,
it shall vote for
its shares at the election
of members like other shareholders
of the
Bank;
(b) For the election of
members, each shareholder
shall be eligible to cast
a number of votes that corresponds
to the number of shares
that he owns at the election
record date multiplied by
the number of members to
be elected. Such votes may
be cast for one or more
members. The positions of
the members to be elected
shall be filled with ones
who receive a greater number
of votes;
(c) Unless the Chairman
is appointed, the members
shall elect the Chairman
from among themselves;
(d) The term of office of
the Chairman shall be 5
years and the term of office
of the other members shall
be 3 years. Such persons
shall be eligible for re-appointment
for more than one term;
(e) The Chairman shall devote
his whole time to the function
and duties of the Bank,
and shall not hold any other
remunerated employment;
(f) The Board shall assign
an officer of the Bank as
Secretary of the Board;
(g) The following persons
shall not be appointed as
a member:
(i) Pyithu Hluttaw representative;
(ii) salaried personnel
of the Government and any
organization subordinate
to the Government;
(iii) a member or an employee
of any financial institution;
(iv) a person who is not
a citizen;
(v) a person who has been
declared as adjudicated
insolvent or who has suspended
payments of liabilities
or who has entered into
a settlement with his creditors
before the court. Provided
that the Government may,
if it owns not less than
50 percent of the share
of a Bank, exempt any person
contained in the provisions
of clauses (i) and (ii)
if there is special reason.
67. The
Chairman or a member shall
cease to be member if he
or she:-
(a) infringes the restrictions
mentioned in sub-section
(g) of Section 66;
(b) is convicted of any
offence prescribed by the
Ministry of Planning and
Finance;
(c) resigns with the permission
of the Government. if appointed
by it, or otherwise resigns
with the permission of the
Board;
(d) is adjudged incapable
of performing his or her
duties by the authority
concerned, if appointed
by the Government, or otherwise
by two-thirds of the members;
(e) has failed to attend
the Board meeting for three
consecutive months without
leave from the Board.
68. Any
vacancy of any member shall
be filled for the unexpired
term of office within 6
months from the date of
occurrence of the vacancy.
69. The
Board meeting shall be conducted
as follows:-
(a) the meeting of the Board
shall be convened at least
once a month. Special meeting
may be convened on due notice
by the Chairman or by a
minimum of two members;
(b) more than half of the
members attending the meeting
shall constitute a quorum;
(c) in the absence of the
Chairman, any member elected
by other members shall preside
at the meeting;
(d) decisions shall be adopted
by the majority of the votes
of the members present,
unless articles of association
should otherwise provide.
In the event of an equality
of votes, the decision shall
be adopted by the casting
vote of the Chairman of
the meeting.
70. (a)
If the Government owns not
less than 50 per cent of
the share of a Bank:
(i) the Chairman shall be
entitled to receive salary
and allowances in accordance
with the terms and conditions
proposed by the Board and
determined by the Government.
Such salary and allowances
shall be borne by the Bank;
(ii) the members shall be
entitled to receive remuneration
proposed by the Board and
determined by the Government.
Such remuneration shall
be borne by the Bank;
(b) If the Government owns
less than 50 per cent of
the share of a Bank, the
salary and allowances of
the Chairman as well as
the remuneration of the
members shall be in accordance
with the decision of the
Board.
71. (a)
The chief executive officer
and personnel shall be appointed
by the
Board concerned. Provided
that if the Government owns
not less than
50 per cent of the share
of a Bank, the chief executive
officer shall
be appointed with the approval
of the Ministry of Planning
and
Finance;
(b) If the Government owns
not less than 50 per cent
of a Bank, the
Chairman and employees of
such Bank are public servants.
72. If
the Government owns not
less than 50 per cent of
the share of a Bank, the
provisions of the Myanmar
Companies Act shall not
apply to such Bank.
73. Banks
are permitted to operate
the functions in accordance
with this Law
and shall be exempt from
the licensing requirements
of Sections 12 through
16, and from the administration
requirements of Sections
22 and 24.
Chapter
X
Offence and Punishment
74. The
financial institutions,
its members, shareholders,
administrators, managers
and personnel who violate
any of the provisions of
this Law shall he subject
to the following administrative
penalties:-
(a) warnings;
(h) orders including those
restricting the operations
of financial institutions;
(c) fines;
(d) temporary or permanent
termination from duties
in the financial institution;
(e) cancellation of the
licence to operate.
75. Any
person or any legal entity
violates any of the provisions
of this Law by carrying
out the activities prescribed
under this Law to be performed
only by financial institutions
shall be subject to the
similar administrative penalties.
76. The
imposition of administrative
penalties provided in Section
74 shall be decided by the
department concerned of
the Central Bank responsible
for the supervision of financial
institutions. The person
against whom action is taken
shall have the full right
to defend. In addition,
the person against whom
action is taken shall have
the right of appeal to the
Board of Directors of the
Central Bank, within 30
days from the date the penalty
order is received. During
the appeal period the penalty
shall be suspended in accordance
with the directives issued
regarding this matter. In
the administrative sector
the decision by the Board
of Directors of the Central
Bank shall be final.
77. The
administrative penalties
provided in this Law shall
not preclude taking criminal
action or civil action.
78. Imposition
of the penalty provided
in Section 74 shall make
the party guilty of the
offence immediately liable
to pay for any damages caused
to the institution or to
other parties.
79. The
members, personnel and external
auditors of the financial
institutions shall not,
without permission under
the law, disclose or publish
information which they have
learned in the performance
of the financial activities
and services, or allow such
information to be seen or
examined by another person.
80. No
person shall carry out the
activities of the financial
institution without a licence
to operate granted by the
Central Bank.
81. Whoever
violates any provision of
punished with fine which
may extend to for a term
which may extend to 2 years
82. Whoever
violates any provision of
punished with fine which
may extend to for a term
which may extend to 5 years
Section 79 shall on conviction
be kyats 10,000 or with
imprisonment or with both.
Section 80 shall on conviction
be kyats 50,000 or with
imprisonment or with both.
83. The members, personnel
and auditors of the Banks
mentioned in Section 62
shall be punishable under
the Official Secrets Act
if such persons without
permission, disclose or
publish information which
they have learned in the
performance of the financial
activities and services,
or allow such information
to he seen or examined by
another person.
Chapter
XI
Miscellaneous
84. Movable
and immovable properties
belonging to the Myanmar
Investment and Commercial
Bank, and that of the Myanmar
Economic Bank and the Myanmar
Foreign Trade Bank established
under the Bank Law (Pyithu
Hluttaw Law No. 9, 1975)
operations in the process
of execution, operations
which have been completed,
assets and liabilities shall
devolve respectively on
such Banks.
85. Management
Committee of the respective
Banks mentioned in sub-section
(a) of Section 62 shall
have the right to carry
out the operations until
the day the duties an~ responsibilities