Deposit Takers Act 2023

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

405: Meaning of issuer

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"What is an issuer in the law about deposit takers?"

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You need to know what an issuer is. An issuer is a licensed deposit taker that issues or intends to issue covered bonds. It can also be an entity specified in the regulations that issues or intends to issue covered bonds. You are considered an issuer if you are a deposit taker that has had its licence cancelled under subpart 6 of Part 2 and you have a registered covered bond programme. If one issuer transfers all its rights and obligations to another issuer, the new issuer is then responsible for the covered bond programme.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS475565.

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

405Meaning of issuer

  1. For the purposes of this subpart, issuer

  2. means—
    1. a licensed deposit taker that issues or intends to issue covered bonds, or guarantees covered bonds:
      1. an entity, or a member of a class of entities, specified in the regulations that issues or intends to issue covered bonds, or guarantees such covered bonds; and
      2. includes a deposit taker referred to in paragraph (a)(i) that—
        1. has had its licence cancelled under subpart 6 of Part 2; and
          1. has a registered covered bond programme.
          2. However, if an issuer (issuer A) transfers all of the rights and obligations relating to a covered bond programme to another issuer (issuer B), issuer B is, from the time of the transfer, the issuer for the purposes of this subpart.

          3. Subsection (2) does not affect the rights or obligations of issuer A before the transfer.

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