Part 7Crisis management and resolution
Covered bonds: Registration of covered bond programmes
411Determination of application for registration of covered bond programme
The Bank must not register a covered bond programme unless it is satisfied that the requirements set out in subsection (2) are met.
The requirements are as follows:
- that the cover pool property is, or will be, owned by an identified covered bond SPV that—
- is a company (within the meaning given in section 2(1) of the Companies Act 1993); or
- is a person or partnership specified in the regulations; or
- is a member of a class of persons or partnerships specified in the regulations; and
- is a company (within the meaning given in section 2(1) of the Companies Act 1993); or
- that a cover pool monitor has been appointed; and
- that a register of cover pool property will be maintained; and
- that the covered bond programme specifies, or refers to documents that specify, procedures and internal controls that ensure—
- the up-to-date and accurate keeping of the register; and
- that the property in the cover pool remains consistent with any class designation under section 407(2)(b); and
- the up-to-date and accurate keeping of the register; and
- 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
- 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)—
- in the event that any amounts become due and payable by the covered bond SPV under the covered bond programme; and
- until the security interest over the cover pool property has been enforced; and
- in the event that any amounts become due and payable by the covered bond SPV under the covered bond programme; and
- that the issuer is in compliance with all other requirements imposed in relation to covered bonds by, or under, all applicable standards.
Compare
- 1989 No 157 s 139F


