Deposit Takers Act 2023

Crisis management and resolution - Covered bonds - Registration of covered bond programmes

411: Determination of application for registration of covered bond programme

You could also call this:

"The Bank decides if a special loan programme can be approved based on certain rules."

Illustration for Deposit Takers Act 2023

The Bank will only register a covered bond programme if it is satisfied that certain requirements are met. You need to understand what these requirements are to know if a programme can be registered. The Bank looks at things like who owns the cover pool property and if a cover pool monitor has been appointed.

The cover pool property must be owned by a special company, called a covered bond SPV, which can be a company as defined in the Companies Act 1993, or a person or partnership specified in the regulations. The programme must also have a register of cover pool property and specify procedures to keep this register up to date.

The programme must ensure the property in the cover pool is consistent with its class designation under section 407(2)(b) and have tests to check if the value of the cover pool property is enough to cover the principal amount outstanding on the covered bonds. The issuer must comply with all other requirements imposed in relation to covered bonds by applicable standards and the programme must provide for the covered bond SPV to perform certain requirements if amounts become due and payable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS475569.


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Part 7Crisis management and resolution
Covered bonds: Registration of covered bond programmes

411Determination of application for registration of covered bond programme

  1. The Bank must not register a covered bond programme unless it is satisfied that the requirements set out in subsection (2) are met.

  2. The requirements are as follows:

  3. that the cover pool property is, or will be, owned by an identified covered bond SPV that—
    1. is a company (within the meaning given in section 2(1) of the Companies Act 1993); or
      1. is a person or partnership specified in the regulations; or
        1. is a member of a class of persons or partnerships specified in the regulations; and
        2. that a cover pool monitor has been appointed; and
          1. that a register of cover pool property will be maintained; and
            1. that the covered bond programme specifies, or refers to documents that specify, procedures and internal controls that ensure—
              1. the up-to-date and accurate keeping of the register; and
                1. that the property in the cover pool remains consistent with any class designation under section 407(2)(b); and
                2. that the covered bond programme specifies a test, or tests, to determine, in accordance with any procedures specified in the programme, whether the value of the cover pool property is at least equal to the principal amount outstanding on the covered bonds; and
                  1. that the covered bond programme provides for the covered bond SPV to perform, or arrange to have performed on its behalf, the requirements of section 416(1)(a) and (b)(i)
                    1. in the event that any amounts become due and payable by the covered bond SPV under the covered bond programme; and
                      1. until the security interest over the cover pool property has been enforced; and
                      2. that the issuer is in compliance with all other requirements imposed in relation to covered bonds by, or under, all applicable standards.
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