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:

"What a bank must check before giving more time to pay debts"

Illustration for Deposit Takers Act 2023

When a bank is thinking about 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 also need to either meet the minimum capital requirements or have arrangements in place to ensure you can pay your liabilities. You must be able to meet liabilities like those 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. This is part of the rules under sections 310A to 310O of the Companies Act 1993. The bank needs to be sure that you can pay your debts and meet your liabilities in the normal course of business. This includes having enough capital or having arrangements in place to ensure you can pay your liabilities. The bank must be satisfied with these arrangements before it can extend a stay.

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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 time it helps a bank or organisation in trouble."


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"When the Bank puts a notice on their website and in the Gazette for everyone to see"

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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