CP-2.2 CP-2.2 Operation of the Scheme
CP-2.2.1
Each eligible depositor should be entitled to receive under the Scheme a maximum of the lesser of:
(a) Three quarters of the combined total amount of all of his eligibledeposits with the relevant bank, or(b) BD 15,000,irrespective of the number, type, value and currency of eligible
deposits held by such eligible depositor with the relevant bank at the time the Scheme is put into operation for such relevant bank.Amended: January 2011
October 07CP-2.2.2
The amount referred to in Paragraph CP-2.2.1 above may be amended from time to time by the CBB. In calculating the amount payable in each case hereunder, the Board will be entitled to take account of various matters including, but not limited to, any set off rights to which the relevant bank was entitled against an eligible depositor or an eligible
deposit at the proposed date for the making of such payment as well as any amounts paid out during the period of administration of the relevant bank by the CBB (if appropriate), and the amount payable hereunder shall be reduced accordingly.Amended: January 2011
October 07CP-2.2.3
Notwithstanding the provisions of Paragraph CP-2.2.1 above, the amount payable under the Scheme in any one calendar year (the 'current year') should not exceed BD 25,000,000 (regardless of the number of relevant banks in existence in the year), provided that if circumstances so demand (and subject to the prior approval of the Governor of the CBB being obtained) the Board (which term for this Paragraph, will not include the liquidator of a relevant bank) may make available to the Scheme for the current year:
(a) Any portion of the above amount for the calendar year immediately preceding the current year which has not been utilized in that calendar year; together with(b) Any portion of the above amount for the calendar year immediately following the current year.The Board may, from time to time and with the prior approval of the Governor of the CBB, amend the figure of BD 25,000,000 referred to in this Paragraph.
Amended: January 2011
October 07CP-2.2.4
In the event that the amount to be payable under the Scheme to eligible depositors of a relevant bank in accordance with Paragraph CP-2.2.1 above is greater than the maximum sum determined to be available in the Scheme for such relevant bank under Paragraph CP-2.2.3 above, the amounts determined to be payable to such eligible depositors under Paragraph CP-2.2.1 above should be made on a pro rata basis in accordance with a formula to be determined by the Board.
October 07CP-2.2.5
If, in the opinion of the Board, the amount which would be payable to eligible depositors in accordance with Paragraph CP-2.2.4 above would make the Scheme inappropriate (for administrative and/or other reasons) for a relevant bank, the Scheme may not be made available for such relevant bank.
October 07CP-2.2.6
If one or more eligible
deposits with the relevant bank are held in the name of more than one person, each such person will be deemed to be a separate eligible depositor for an amount ascertained by dividing the total amount of such eligibledeposit (s) by the number of such persons.October 07CP-2.2.7
An eligible
deposit to which two or more persons are entitled as members of a partnership (whether or not in equal shares) should be treated as a single eligibledeposit and the partners in such partnership should be treated as one eligible depositor.October 07CP-2.2.8
If a person establishes, to the satisfaction of the Board, that:
(a) He/she is a trustee for, or otherwise holds, one or more eligibledeposits with the relevant bank; and(b) The beneficial owner of each such eligibledeposit is a person separate and distinct from the beneficial owner of any other eligibledeposit with the relevant bank,such person should be treated as a different eligible depositor for each such eligible
deposit for the purposes of this Module. However, in the event that the beneficial owner of one or more eligibledeposits (regardless of in whose name such eligibledeposits are held) is the same person, such eligibledeposits should, for the purposes of this Module, be treated as being held by one eligible depositor.Amended: January 2011
October 07CP-2.2.9
No assignment or other transfer of the legal or beneficial ownership of an eligible
deposit (s), or any part thereof, should be considered valid if, in the opinion of the Board, the purpose of such assignment or transfer is to enable any person(s) (including an eligible depositor(s)) to gain an advantage in the Scheme which is not intended to be given by the Regulation in this module.October 07