Deposit Takers Act 2023

Crisis management and resolution - Conduct of resolution - Relationship between resolution and other legislation and processes

337: Bank, resolution manager, and other persons are not directors under any legislation

You could also call this:

"Bank and others are not directors when doing special jobs under the law"

Illustration for Deposit Takers Act 2023

You are dealing with a special law called the Deposit Takers Act 2023. When the Bank or a resolution manager does certain jobs, you must not think of them as directors of a deposit taker. This is because they are only doing their jobs under this law, and that does not make them directors.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS536637.

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336: Application of other Acts, or

"Some laws don't apply to deposit takers in trouble"


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338: Prior insolvency process must cease, or

"Stop other processes when fixing a troubled deposit taker"

Part 7Crisis management and resolution
Conduct of resolution: Relationship between resolution and other legislation and processes

337Bank, resolution manager, and other persons are not directors under any legislation

  1. For the purposes of this Act, any other legislation, or any other rule of law, the Bank, the resolution manager, or any other person must not be treated as being a director of a licensed deposit taker by reason only of the fact that the Bank, resolution manager, or other person is performing or exercising any functions, powers, or duties under this Part.

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