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Version date: 25 April 2024 - onwards
Version 2 of 2

Principle 11 - Corrective and sanctioning powers of supervisors (paras. 40.25-40.26) (effective as of 25 April 2024)

40.25 Principle 11: [Reference document: BCBS, Parallel-owned banking structures, January 2003.] The supervisor acts at an early stage to address unsafe and unsound practices or activities that could pose risks to banks or to the banking system. The supervisor has at its disposal an adequate range of supervisory tools, that it can apply at its discretion, to bring about timely corrective actions. This includes the ability to revoke the banking licence or to recommend its revocation.

40.26 Essential criteria:

(1) The supervisor raises supervisory concerns with the bank's management or, where appropriate, the bank's board, at an early stage, and requires that these concerns be addressed in a timely manner. Where the supervisor requires the bank to take significant corrective actions, these are addressed in a written document to the bank's board. The supervisor requires the bank to submit regular written progress reports and it checks that corrective actions are completed satisfactorily. The supervisor follows through conclusively and in a timely manner on matters that are identified.

(2) The supervisor uses an appropriate range of supervisory tools [Refer to Principle 1, essential criterion 1 BCP40.5.] in a timely manner when, in the supervisor's judgment, a bank is not complying with laws, regulations or supervisory actions, is engaged in unsafe or unsound practices or in activities that could pose risks to the bank or the banking system, or when the interests of depositors are otherwise threatened.