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Banking and Finance and Capital Markets

Banking and Finance and Capital Markets

In the fast-paced high yield market, need a legal consultant who closely monitors developments and can create and adapt to new market standards.

We act for clients in all aspects of international and domestic finance activities represent for insurers, accountants, banks and commercial concerns with a particular emphasis on.

We provide advice in relation to,

  • financial products, including syndicated lending, leveraged & acquisition finance, asset finance.
  • derivative products, project finance and financial regulatory.
  • We advise to sponsors and funders on the financing outlooks of projects in a variety of industry sectors.
  • Estate finance advising borrowers, lenders, lead managers.
  • issuers on real estate financing; and litigation for recovery matters, documentation of security documentation, due diligence reports and legal opinions.

Capital Markets

Corporate finance and trust

We provide the service on corporate trustee’s address in a wide variety of banking &agency services, financing and capital markets transactions.

Debt Capital Market

CP, MTNs, CDs

Derivatives

project bonding, structuring of project financing, structured products and Securitization.

Structured products and securitization

In Securitization skill, which includes structured finance, provides specialist advice to arrangers and financial institutions and originators in the securitization.

Covered bonds

Islamic finance

Collateralized debt obligation

BANKING & FINANCE – FAQ’s

General Banking & Regulatory Framework

Who regulates the banking sector in Sri Lanka?

The Central Bank of Sri Lanka (CBSL) regulates and supervises licensed banks and financial institutions under statutory law.

What laws govern banking in Sri Lanka?

Banking is governed by the Monetary Law Act and the Banking Act, as amended by recent legislation including the Banking (Amendment) Act No. 24 of 2024.

What is the primary role of the Central Bank of Sri Lanka?

The CBSL maintains financial system stability, regulates banks and financial institutions, manages monetary policy, and provides payment and settlement oversight.

What types of financial institutions are licensed in Sri Lanka?

Licensed entities include commercial banks, specialized banks, and licensed finance companies authorized by the CBSL.

Is it illegal to accept public deposits without a license?

Yes. Operating a finance business and accepting deposits without a CBSL license is an offense under the Finance Business Act No. 42 of 2011.

BANK ACCOUNTS & CUSTOMER RIGHTS

Can non-residents open bank accounts in Sri Lanka?

Yes, non-residents may open certain accounts subject to compliance with foreign exchange and banking regulations.

What protections exist for depositors?

Sri Lanka has a Deposit Insurance and Liquidity Support Scheme to protect depositors under specified conditions.

Are there limits on banking operations for residents abroad?

Banks may impose account operation conditions for non-resident customers under CBSL and internal rules.

Can banks block accounts without notice?

Banks must comply with regulatory and contractual requirements; blocked accounts without cause may require legal recourse.

What is the minimum documentation for opening a bank account?

Typically, valid identification, proof of address, tax identification, and in case of non-residents, additional documentation under the Foreign Exchange Act.

BANKING & FINANCE TRANSACTIONS

Can Sri Lankans transfer money abroad?

Yes, subject to foreign exchange regulations and current CBSL directives.

How are loans regulated in Sri Lanka?

Loans are governed by contract law, the Banking Act, and prudential standards set by the CBSL.

Can banks repossess collateral on loan default?

Yes, banks can enforce security interests against default in accordance with law and security agreements.

What is parate execution in banking?

Parate execution allows banks to sell mortgaged property without court intervention under statutory provisions, subject to legal safeguards.

Are interest rates regulated by law?

Interest rates are market-determined, though the CBSL may issue guidelines impacting rate frameworks.

CAPITAL MARKETS – OVERVIEW & REGULATOR

Who regulates capital markets in Sri Lanka?

The Securities & Exchange Commission of Sri Lanka (SEC) is the apex regulator for capital markets under the SEC Act No. 19 of 2021.

What is the role of the SEC?

The SEC ensures capital markets are fair, efficient, transparent, and protects investors by licensing and supervising market participants.

Which markets does the SEC oversee?

The SEC oversees equity markets, debt markets, listed companies, stock brokers, credit rating agencies, and other intermediaries.

What legal framework governs capital markets?

Capital markets are governed by the Securities & Exchange Commission Act No. 19 of 2021 and related rules and regulations.

What is the Colombo Stock Exchange (CSE)?

The CSE is Sri Lanka’s primary securities exchange where equities and listed instruments are traded under SEC supervision.

INVESTING & MARKET PARTICIPATION

Who can invest in the Sri Lankan capital market?

Both local and foreign investors can participate, subject to regulatory requirements and foreign exchange laws.

Do investors need registration to trade securities?

Investors generally trade through licensed brokers registered with the SEC.

What instruments are traded in capital markets?

Equities (shares), corporate and government bonds, and in future regulated derivatives may be traded.

Can Sri Lankan companies issue bonds on the CSE?

Yes. Companies may issue corporate bonds subject to SEC and CSE listing requirements.

What is a Registered Investment Advisor (RIA)?

An RIA is a licensed professional who provides investment advice, requiring a recognized qualification under SEC guidelines.

QUALIFICATIONS & PROFESSIONAL STANDARDS

Is professional certification mandatory in capital markets?

Yes. The Certificate in Capital Markets (CCM) is required to become a Registered Investment Advisor in Sri Lanka.

What does CCM cover?

The CCM covers securities markets, equity, debt, unit trusts, financial instruments, and regulatory ethics.

Can RIAs offer services internationally?

RIAs primarily serve the domestic market but may advise on products consistent with Sri Lankan law.

Are continuous professional development (CPD) requirements mandatory?

Yes, RIAs need CPD credits annually as per SEC directives.

How do professionals stay updated on regulatory changes?

The SEC issues directives, circulars, and rules which market participants must follow.

LEGAL & COMPLIANCE ISSUES

Is insider trading illegal in Sri Lanka?

Yes. The SEC regulates market conduct, and insider trading is prohibited under capital markets law.

Can market intermediaries be disciplined by the SEC?

Yes. The SEC can investigate, enforce actions, and issue penalties for regulatory violations.

Are listed companies obliged to disclose financials?

Yes. Listed entities must disclose financial information to ensure transparency and protect investors.

How is corporate governance promoted?

The SEC enforces governance standards for listed companies to ensure ethical business conduct.

Can foreign companies list on the CSE?

Foreign companies may list subject to SEC and CSE requirements, including disclosure and regulatory compliance.

MARKET INFRASTRUCTURE & INNOVATIONS

What is the money market in Sri Lanka?

The money market deals with short-term financial instruments (under 1 year) such as treasury bills and call money.

What is the capital market?

The capital market deals with long-term financial instruments like bonds and equities to facilitate capital raising.

Are new financial products being introduced?

Regulators are working on instruments like regulated short selling and modern settlement mechanisms.

Is digital trading available?

Digital transformation efforts aim to enable end-to-end digital trading and settlement.

Can government securities be traded on the CSE?

Plans are underway to expand government securities trading on the exchange with Central Bank support.

FOREIGN PARTICIPATION & CAPITAL FLOWS

Can foreign investors participate freely?

Yes, subject to exchange control approvals and market regulations.

Are multi-currency listings permitted?

Regulatory groundwork exists for multi-currency boards, enhancing foreign investor participation.

Can foreign currency-denominated securities be issued?

Frameworks are being prepared to facilitate foreign currency securities issuance.

Do foreign investors face withholding tax?

Yes, tax applies on dividends and interest, subject to tax treaties.

Can foreign institutional investors trade Sri Lankan securities?

Yes, with registration and compliance with SEC and foreign exchange rules.

RISK MANAGEMENT & PROTECTION

Is customer depositor protection available?

Yes, through deposit insurance schemes for banks.

Are there anti-money laundering rules?

Yes, financial institutions must comply with AML and FATF-aligned regulations.

Is market manipulation monitored?

The SEC monitors and enforces against abuse and manipulation.

What protections are there for minority investors?

Regulation emphasizes transparency and protection of minority shareholder rights.

Are disputes in finance and capital markets adjudicated in courts?

Yes, financial disputes may be resolved through courts and arbitration subject to legal frameworks.

PRACTICAL & COMPLIANCE QUESTIONS

How do I open a bank account as a foreign investor?

Present documentation under CBSL and banking regulations; tax and identity verification is required.

Can banks provide trade financing?

Yes. Banks provide LC (letters of credit), guarantees, and trade finance solutions.

Are syndicated loans common in Sri Lanka?

Yes, syndicated lending is a common financing structure for large projects.

Is Islamic banking available?

Yes, Islamic finance products are offered by some institutions.

Do banks offer treasury services?

Yes, banks provide treasury and asset management services to clients.

MARKET DEVELOPMENT & EDUCATION

Can I work in capital markets professionally?

Yes. Capital market certifications like CCM pave the way for careers as investment advisors.

Are continuing education requirements enforced?

Yes; licensed advisors must meet annual CPD requirements.

Can local professionals engage in derivatives markets?

Future derivatives regulation is being considered under the SEC framework.

Do banks engage in financial product innovation?

Yes, including bond issuances and structured finance offerings in the market.