Deposit Takers Act 2023

Crisis management and resolution - Conduct of resolution - Bank may suspend payment of money owing

331: Bank may not suspend or cancel obligation incurred after deposit taker enters resolution

You could also call this:

"You still have to pay back debts to a bank that got into trouble after you borrowed the money."

Illustration for Deposit Takers Act 2023

If a deposit taker enters resolution, the Bank cannot stop you from having to pay back a debt you got after that happened. This means that if you borrowed money from the deposit taker after it entered resolution, you still have to pay it back. The Bank's power to suspend payments, as stated in Section 330, does not apply to debts you got after the deposit taker entered resolution.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533508.


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330: Bank may suspend payment of money owing, or

"Banks can temporarily stop paying back money they owe you if they're having problems."


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332: Bank may not suspend payment of amount included in netted balance, or

"Banks can't stop paying part of the money they owe you if it's part of a special calculated total."

Part 7Crisis management and resolution
Conduct of resolution: Bank may suspend payment of money owing

331Bank may not suspend or cancel obligation incurred after deposit taker enters resolution

  1. Section 330 does not authorise the Bank to suspend the repayment of a deposit, or the payment of a debt, or the discharge of an obligation, or to cancel an obligation to provide funding, if the obligation to repay the deposit, or to pay the debt, or the obligation, is incurred by the licensed deposit taker after it enters resolution.

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