Deposit Takers Act 2023

Crisis management and resolution - Conduct of resolution - Bank may form body corporate to acquire New Zealand business

315: Vesting does not affect deposit taker’s obligations or place it in breach

You could also call this:

"Vesting does not change what you promised to do"

Illustration for Deposit Takers Act 2023

If a vesting happens under section 314, it does not change any obligations you have as an overseas licensed deposit taker. You still have to do what you said you would do. A vesting also does not mean you have broken any agreements you made with someone else. You are still responsible for keeping your promises.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS537248.


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314: Bank may form body corporate to acquire New Zealand business, or

"The Bank of New Zealand can help a struggling overseas bank by creating a new company to take over its New Zealand business."


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316: Body corporate is also subject to resolution, or

"A company set up by a bank is also controlled by a special manager during difficult times."

Part 7Crisis management and resolution
Conduct of resolution: Bank may form body corporate to acquire New Zealand business

315Vesting does not affect deposit taker’s obligations or place it in breach

  1. A vesting under section 314

  2. does not reduce, extinguish, or affect any obligation or liability of the overseas licensed deposit taker (A); and
    1. does not constitute a breach or repudiation of any agreement entered into by A with any person.
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