Deposit Takers Act 2023

Depositor compensation scheme - Use of fund to support resolution

230: Bank may use fund to support resolution

You could also call this:

"The Bank can use a special fund to help a bank in trouble without making things worse for people who have money in the bank."

Illustration for Deposit Takers Act 2023

The Bank can use a fund to help with a resolution measure for a licensed deposit taker. You might be wondering what a resolution measure is - it's when the Bank takes action to help a deposit taker that is in trouble. The Bank can use the fund if it thinks you, as a depositor, will not be worse off than if you had received compensation under subpart 3.

The Bank can also use the fund to pay for its own costs when helping a deposit taker in trouble. However, the total amount of money used from the fund cannot be more than the maximum amount calculated under section 231.

A resolution measure can include actions the Bank takes to help a deposit taker, as outlined in section 259, or paying compensation under subpart 9 of Part 7, which ensures that no creditor or shareholder is worse off.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS506208.


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"This law doesn't stop you using other rules that can help you."


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"Banks must work out the maximum amount of money you can get back if your bank fails."

Part 6Depositor compensation scheme
Use of fund to support resolution

230Bank may use fund to support resolution

  1. The Bank may authorise an amount to be paid out of the fund for the purposes of supporting a resolution measure undertaken or to be undertaken for a licensed deposit taker (A) and meeting all other costs of the Bank in performing or exercising its functions, powers, or duties in connection with the measure if—

  2. the Bank is satisfied that eligible depositors are likely to receive, as a result of the resolution measure, no less favourable treatment than would have been the case had the eligible depositors been paid compensation under subpart 3; and
    1. the total amount paid out of the fund under this subpart in connection with the resolution of the licensed deposit taker does not exceed the maximum amount calculated under section 231.
      1. Subsection (1)(a) does not apply in relation to paying compensation under subpart 9 of Part 7 (no creditor or shareholder worse off).

      2. In this Part, resolution measure means either of the following:

      3. any action taken by the Bank to further 1 or more of the purposes set out in section 259 in connection with a licensed deposit taker in resolution, whether the Bank performs or exercises its functions, powers, or duties under this Act or any other legislation:
        1. paying compensation under subpart 9 of Part 7 (no creditor or shareholder worse off).