Deposit Takers Act 2023

Crisis management and resolution - Covered bonds - Ongoing duties of issuer

416: Requirements relating to registered covered bond programmes

You could also call this:

"Rules for programmes that issue special bonds called covered bonds"

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You must follow some rules if you have a registered covered bond programme. You have to do tests to check the value of the cover pool property every 12 months. You must tell the Bank if the value is less than the amount owed on the covered bonds, as stated in section 411(2)(e). You have to keep a register of the cover pool property and follow the procedures in section 411(2)(d). You must tell the Bank about every covered bond you issue and any big changes to the programme. You also have to tell the Bank if the programme no longer meets the requirements of section 407(2)(b). You have to give the Bank any extra information they ask for about the programme. You must make sure the programme meets the requirements of section 411(2) and that reports are given to the bond trustee and security trustee. You also have to give the Bank copies of reports from the cover pool monitor, as stated in section 420(c) and (d). If the covered bond SPV owes money, you do not have to follow these rules. Instead, the covered bond SPV must give the Bank any information they ask for about the 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=LMS475571.

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Part 7Crisis management and resolution
Covered bonds: Ongoing duties of issuer

416Requirements relating to registered covered bond programmes

  1. Every issuer must, in relation to a registered covered bond programme,—

  2. ensure that the test or tests specified in section 411(2)(e) are carried out at intervals of not more than 12 months and notify the Bank if the result of the test or tests is that the value of the cover pool property is less than the principal amount outstanding on the covered bonds; and
    1. ensure that—
      1. a register of cover pool property is maintained; and
        1. the issuer complies with the procedures and internal controls referred to in section 411(2)(d); and
        2. notify the Bank—
          1. of every covered bond issued; and
            1. of any material changes to the registered covered bond programme that would be likely to result in the registered covered bond programme failing to comply with the requirements of section 411(2); and
              1. if the covered bond programme or the cover pool no longer complies with any class designation under section 407(2)(b); and
              2. provide the Bank with any further information it requests in relation to the covered bond programme; and
                1. ensure that—
                  1. the registered covered bond programme complies with the requirements of section 411(2); and
                    1. the reports referred to in section 420(b) are provided to any bond trustee and security trustee appointed under the covered bond programme; and
                      1. the Bank is provided with a copy of every report prepared by the cover pool monitor in accordance with section 420(c) and (d); and
                        1. if requested by the Bank, the Bank is provided with a copy of any other report prepared by the cover pool monitor in accordance with section 420(b).
                        2. However, if any amounts become due and payable by the covered bond SPV under the covered bond programme,—

                        3. the issuer is not required to comply with subsection (1); and
                          1. the covered bond SPV must provide the Bank with any information it requests in relation to the covered bond programme.
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