The National Bank of Cambodia
00-39/PrK
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With reference
to the Constitution of the Kingdom of Cambodia;
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With reference
to the Kram NS/RKM/0196/27 of January 26, 1996 promulgating the Law on the
Organization and Functioning of the National Bank of
Cambodia;
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With reference
to the Kram NS/KRM/1199/13 of November 18, 1999 promulgating the Law on Banking
and Financial Institutions;
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With reference
to the Kret CS/RKT/0398/85 of March 10, 1998 on the appointment of His
Excellency Chea Chanto as Governor General of the National Bank of
Cambodia;
Pursuant to the
request of the Banking Supervision Department;
Decides as
follows:
Article
1:
To obtain a license, banks locally
incorporated as companies, must have a paid-up minimum capital equal to at least
KHR 50,000,000,000 (fifty billion).
Article
2:
Before obtaining a license, branches of foreign banks must have a paid-up capital endowment equal to at least the minimum capital of banks locally incorporated as companies as mentioned in Article 1 above.
Article
3:
Banks which have been in operation in
Cambodia prior to the end of 1997, shall be required to comply with the minimum
capital requirement laid down in Article 1 of this Prakas at the latest on
December 31, 2001.
However, the National Bank of Cambodia
will grant such a deadline only to banks which show a very satisfactory
financial position.
Article
4:
To prove that their assets minus related
potential losses and intangibles exceed their liabilities to third parties by an
amount equal to at least the minimum capital, banks must ascertain on an ongoing
basis that their base net worth, as calculated in accordance with the provisions
of Prakas on the calculation of banks' net worth, is equal to at least the
minimum capital.
Article
5:
All provisions, which are contrary to
those of this Prakas, are hereby repealed.
Article
6:
The General Direction, the General Secretariat, the General
Cashier, the General Inspection, all Departments of the NBC, and all Banking and
Financial Institutions under the NBC's supervisory authority shall strictly
implement this Prakas.
Article
7:
This Prakas shall have effect from this signing date herein.
Phnom Penh, February 09, 2000
The Governor: Chea Chanto