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
The Bank may give an associated person (B) of a licensed deposit taker (A) a direction if the Bank—
- has reasonable grounds to believe that 1 or more of the circumstances set out in subsection (2) apply; and
- considers that directing B is necessary or desirable for 1 or more of the following purposes:
- to remedy or avoid the matter set out in subsection (2):
- to avoid or mitigate any adverse effects arising, or likely to arise, in connection with the matter set out in subsection (2):
- to avoid any contravention or further contravention of a prudential obligation in connection with the matter set out in subsection (2).
- to remedy or avoid the matter set out in subsection (2):
The circumstances are as follows:
- 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:
- the circumstances of B are such as to be prejudicial to—
- A’s solvency; or
- A’s ability to comply with a prudential obligation in a material respect:
- A’s solvency; or
- B’s affairs are being conducted in a manner prejudicial to—
- A’s solvency; or
- A’s ability to comply with a prudential obligation in a material respect.
- A’s solvency; or


