The bank regulator may issue a recommendation to a bank to take appropriate measures to restore or strengthen its financial condition, to improve its management methods or to ensure that its organization is adequate for its activities or development objectives. The bank concerned must respond within two months by describing in detail the measures taken pursuant to that recommendation.
96
Although the discretion of the regulator in deciding
in what circumstances to issue the recommendation may seem unlimited, in practice, its discretion will be restricted by principles of administrative law dictating that regulatory action as permitted by the provision may not be taken without sufficient cause. In this context, it should be noted that, for obvious reasons, no mandatory provision of banking law was found that authorizes regulatory action without specifying the grounds on which such action must be taken.