Deposit Takers Act 2023

Crisis management and resolution - Bank may give directions, approve sales, and replace directors - Bank may give directions

266: Bank may give directions to associated person

You could also call this:

"The Bank can give orders to people or businesses connected to a deposit taker to help fix problems."

Illustration for Deposit Takers Act 2023

The Bank can tell someone connected to a deposit taker what to do if the Bank thinks it is necessary. You are connected to a deposit taker if your business is closely linked to theirs. The Bank must have good reasons to believe there is a problem with the deposit taker or someone connected to them. The Bank can give directions to help fix the problem or stop it from getting worse. The Bank wants to make sure the deposit taker can meet their obligations and stay solvent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS528776.


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265: Bank may give directions to licensed deposit taker, or

"The Bank can give orders to a deposit taker if it thinks something is wrong with how the deposit taker is working."


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267: Scope of directions, or

"The Bank can give instructions to businesses that take deposits on how to fix problems or run their business."

Part 7Crisis management and resolution
Bank may give directions, approve sales, and replace directors: Bank may give directions

266Bank may give directions to associated person

  1. The Bank may give an associated person (B) of a licensed deposit taker (A) a direction if the Bank—

  2. has reasonable grounds to believe that 1 or more of the circumstances set out in subsection (2) apply; and
    1. considers that directing B is necessary or desirable for 1 or more of the following purposes:
      1. to remedy or avoid the matter set out in subsection (2):
        1. to avoid or mitigate any adverse effects arising, or likely to arise, in connection with the matter set out in subsection (2):
          1. to avoid any contravention or further contravention of a prudential obligation in connection with the matter set out in subsection (2).
          2. The circumstances are as follows:

          3. A’s business and affairs are so closely connected with B that the Bank would be unable to effectively exercise the powers conferred by this Part in relation to A unless a direction is issued to B:
            1. the circumstances of B are such as to be prejudicial to—
              1. A’s solvency; or
                1. A’s ability to comply with a prudential obligation in a material respect:
                2. B’s affairs are being conducted in a manner prejudicial to—
                  1. A’s solvency; or
                    1. A’s ability to comply with a prudential obligation in a material respect.