Deposit Takers Act 2023

Crisis management and resolution - Covered bonds - Interpretation relating to covered bonds

403: Interpretation

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"What special words mean in the Deposit Takers Act 2023"

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You are reading about some special words used in a law called the Deposit Takers Act 2023. When you see the word 'cover pool', it means property owned by a special company that secures its debts. This property is used to guarantee the company's obligations. You will also see the word 'cover pool monitor', which is a person who meets certain requirements outlined in section 419(1). A 'covered bond' is a type of debt security that is guaranteed by a special company. The company's obligations are secured by property it owns. A 'covered bond programme' is a programme that allows covered bonds to be issued using a single group of secured properties. You can find out what a 'covered bond SPV' is by reading section 404. The word 'issuer' is explained in section 405. When you see the word 'own', it can mean holding a beneficial or legal interest in something. A 'registered covered bond programme' is a programme that has been registered under section 412. These words are important to understand how the law works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS475558.

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404: Meaning of covered bond SPV, or

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Part 7Crisis management and resolution
Covered bonds: Interpretation relating to covered bonds

403Interpretation

  1. In this subpart, unless the context otherwise requires,—

    cover pool, in relation to a covered bond programme, means property that—

    1. is owned by the relevant covered bond SPV; and
      1. secures the obligations of that SPV under the covered bond programme

        cover pool monitor means a person that meets the requirements of section 419(1)

          covered bond means a bond, note, or other debt security that has the following features:

          1. it represents an unsecured obligation of the issuer; and
            1. the principal and interest owing under the bond, note, or other debt security are guaranteed by a covered bond SPV; and
              1. the obligations under that guarantee are secured by property that is owned by that SPV

                covered bond programme means any programme of covered bonds under which, on the security of a single cover pool, covered bonds may be issued

                  covered bond SPV has the meaning given to it by section 404

                    issuer has the meaning given to it by section 405

                      own includes to hold a beneficial, or legal, interest or entitlement

                        registered covered bond programme means a covered bond programme that has been registered under section 412.

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