No.l2 BANKING A!v!l:il'-.'DME'-.'T Provided that if the new bank resolution plan is materially at variance with the one submitted in collllection with an application in terms of section 52B, the Reserve Bank shall seek the leave of the court that confirmed the application to depart from the original bank resolution plan, and the court may make any directions on the matter that it thinks fit. (4) For a period of ninety days after a curator has taken control of a problem banking institution under a bank resolution plan, no proceedings may be commenced against the institution by its creditors. (5) Kotwithstanding any other law, where under a bank resolution plan(a) (b) (c) any asset of a prohlem hanking institution has been transferred to any person; or control of a problem banking institution has been transferred to any person; or the whole or part of the business of a problem banking institution has been transferred to any person; no court shall set aside the transfer without the consent of the Reserve Bank, unless the court is satisfied that the transfer was made fraudulently, cormptly or in bad faith: Provided that this subsection shall not prevent a court from awarding fair and adequate compensation to any person who has suffered loss as a result of the transfer.". 30 Amendment of section 53 of Cap. 24:20 Section 53 ("Placing of banking institution under curatorship") of the p1incipal Act is amended(a) in subsection (1) by the insertion after "consulting" of"the Minister and"; (b) in subsection (2) by the deletion of "shall consult the Minister and"; (c) in subsection (3) by the inse1tion after paragraph (b) of the following paragraph"(bl) the security to be furnished by the curator for the proper performance of his or her duties; and". 31 Amendment of section 55 of Cap. 24:20 Section 55 ("Duties and powers of curator") of the principal Act is amended by the insettion after subsection (3) of the follmving subsection"(3a) Any person alleging to be a creditor of a banking institution under curatorship may, upon furnishing such written proof to the curator as will satisfy the curator that the person is able to prove a claim against the banking institution, and upon payment of the prescribed fee (if any), request that any specific report or every report made by the curator under subsection (l)(e), (f) and (g) be availed to him or her as soon as practicable after the curator avails it to the Reserve Bank, and the curator shall comply with such request.". 32 New section inserted in Cap. 24:20 The principal Act is amended by the insertion after section 56 of the following section246 2015

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