Deposit Takers Act 2023

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

404: Meaning of covered bond SPV

You could also call this:

"What is a covered bond SPV, a person who guarantees special bonds using transferred property"

Illustration for Deposit Takers Act 2023

When you hear the term covered bond SPV, it refers to a person involved in a covered bond programme. This person owns property that has been transferred to them by someone issuing covered bonds or someone related to them. They use this property to guarantee the bonds.

You can identify a covered bond SPV by these things: they grant a security interest in the property to protect the people who lend money under the programme. They act as a guarantor for the covered bonds and do business related to this role. They do not do any other kind of business outside of being a guarantor.

If you want to learn more about this, you can look at the link to related legislation for comparison. This can help you understand how the concept of covered bond SPV has been used in the past. It is related to an old law from 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS475561.


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

404Meaning of covered bond SPV

  1. In this subpart, covered bond SPV means, in relation to a covered bond programme, a person that—

  2. is, or will be, the owner of property that has been, or will be, sold, assigned, or otherwise transferred to it by, or on behalf of, an issuer or an associated person of an issuer; and
    1. has granted, or may grant, a security interest in the property for the benefit of the secured creditors under the covered bond programme; and
      1. carries on a business of acting as covered bond guarantor under the covered bond programme (including any business incidental to that purpose); and
        1. (other than as described in paragraph (c)) does not carry on any other kind of business.
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