Deposit Takers Act 2023

Crisis management and resolution - Moratorium and restriction on resolution trigger

296: Matters Bank must be satisfied of when extending stay

You could also call this:

"Before a bank extends a stay, it must be sure you can pay your debts on time and have enough money."

Illustration for Deposit Takers Act 2023

When a bank is extending a stay, it must be satisfied that you can meet certain liabilities. You must be able to pay your debts as they become due in the normal course of business. You must also meet minimum capital requirements or have arrangements in place to ensure you can pay your liabilities.

You need to be able to pay liabilities under netting agreements, security interests over collateral, and liabilities subject to netting under the rules of a designated FMI. The bank must be satisfied that you can pay these liabilities as they become due. You must also comply with minimum capital requirements or have satisfactory arrangements in place.

The arrangements must ensure you can pay your liabilities until you comply with the requirements or the resolution ends. The bank must be satisfied with these arrangements. You can find more information about netting agreements in sections 310A to 310O of the Companies Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS532327.


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295: Bank may reduce or extend stay, or

"The Bank can change the deadline for a bank in trouble to be sooner or later."


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297: Publication of notice, or

"Telling everyone about an important notice"

Part 7Crisis management and resolution
Moratorium and restriction on resolution trigger

296Matters Bank must be satisfied of when extending stay

  1. The matters referred to in section 295(2)(b) are that—

  2. A is able to meet all of the following liabilities as and when those liabilities become due and payable:
    1. A’s liabilities under all netting agreements to which sections 310A to 310O of the Companies Act 1993 apply:
      1. A’s liabilities in respect of security interests over collateral to the extent that the security interests secure payment or performance of obligations under or in relation to derivatives:
        1. A’s liabilities that are subject to netting under the rules of a designated FMI; and
        2. A is able to pay its debts as they become due in the normal course of business; and
          1. either—
            1. A complies with the minimum capital requirements (if any) to which it is subject under an applicable standard; or
              1. there are satisfactory arrangements in place to ensure that A meets all of its liabilities referred to in paragraph (a) as and when those liabilities become due and payable and those arrangements will remain in place until A complies with the requirements referred to in subparagraph (i) or the resolution ends, whichever occurs first.
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