Non-Bank Deposit Takers Consultation Document: Proposed Capital Ratios and Related Party Exposures Regulations



Similar documents
Consultation Document: Review of the Treatment of Charitable and Religious Organisations under the Non-bank Deposit Takers Regime

The Chair CABINET ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE

Non-Bank Deposit Taker (NBDT) Capital Policy Paper

New Zealand Law Society

Summary of feedback from NBDT industry bodies and Reserve Bank responses

PROPOSAL FOR NEW REGULATIONS FOR NON-BANK DEPOSIT TAKERS: CAPITAL, RELATED PARTY AND CREDIT RATING REQUIREMENTS The Chair

Risk Management Programme Guidelines

How To Know If You Are A Financial Institution

Statement of Principles

Marine Protection Rules Marine Protection Rules Part 102 Certificates of Insurance Amendment 2014

Consultation Paper: Review of bank capital adequacy requirements for housing loans (stage one).

Application of Accounting Standards to Financial Year Accounts and Consolidated Accounts of Disclosing Entities other than Companies

Save money by avoiding fees

on the Credit Contracts and Consumer Finance Amendment Bill Exposure Draft

NZQA Expiring unit standard version 2 Page 1 of 5

The Bank Holding Company Act is amended by adding the following new sections:

Consultation Paper: Proposed changes to the bank capital adequacy framework (internal models based approach) (BS2B)

FINANCIAL SERVICE PROVIDERS (REGISTRATION) REGULATIONS

Chapter 21 INVESTMENT VEHICLES INVESTMENT COMPANIES. General

NAB Equity Lending. Facility Terms

FINANCIAL STATEMENTS. BNZ Cash PIE and BNZ Term PIE

INTERNATIONAL COLLECTIVE INVESTMENT SCHEMES LAW

BUY TO LET MORTGAGE FEE TARIFF

Go Home Loan. Fees and Limits Guide. Effective June Home loans

Established INVESTMENT STATEMENT DATED 19 November 2015

Deed of Mortgage secured by Real Estate WESTERN AUSTRALIA

COLLECTIVE INVESTMENT SCHEMES ACT 2008 COLLECTIVE INVESTMENT SCHEMES (REGULATED FUND) REGULATIONS 2010

MORTGAGE & FINANCE BROKERS ADDENDUM

FSB invites feedback on residential mortgage underwriting practices

Application for Business Finance

Guidance note on Outsourcing/Delegation of Functions and inward outsourcing

Mortgage Brokerages, Lenders and Administrators Act, Additional Draft Regulations for Consultation

Law Society and Council of Mortgage Lenders Approved Certificate of Title

Governance requirements for RSE licensees: proposed amendments

COMMERCIAL ASSET FINANCE BROKERS ASSOCIATION OF AUSTRALIA LIMITED PROFESSIONAL INDEMNITY INSURANCE PROPOSAL FORM

ANNEX XI REFERRED TO IN ARTICLE 3.19 FINANCIAL SERVICES

ANNEX IX REFERRED TO IN ARTICLE 3.20 FINANCIAL SERVICES

Competitive provision of ACC in New Zealand

arranges a mortgage in which another person is to be the lender; arranges the sale of a mortgage lender s interest in a mortgage to a new lender; or

REVIEW OF FINANCIAL PRODUCTS AND PROVIDERS: REGISTRATION OF FINANCIAL SERVICE PROVIDERS

The Mortgage Brokerages and Mortgage Administrators Regulations

LOCAL GOVERNMENT LEGISLATION AMENDMENT BILL 1995

IFRS APPLICATION AROUND THE WORLD JURISDICTIONAL PROFILE: New Zealand

Kiwibank PIE Online Call Fund Terms and Conditions

Framework for Restrictions on High-LVR Residential Mortgage Lending

A CONSOLIDATED VERSION OF THE PUBLIC DEBT MANAGEMENT ACT

Kiwibank s Disclosure Statement.

FEDERAL RESERVE AND FDIC PROPOSE NEW RULES REGARDING PREPARATION OF LIVING WILLS

Clearing and Settlement Procedures. New Zealand Clearing Limited. Clearing and Settlement Procedures

Consultation Paper on the Evidential Requirements under the Securities and Futures (Professional Investor) Rules. October 2010

By Nick Pheifer, DEPFA BANK and Sinéad Gormley, Bank of Ireland I. FRAMEWORK

Capital adequacy ratios for banks - simplified explanation and

Financial reporting by not-for-profit entities in New Zealand Your questions answered. May 2015

Discussion Paper. Maximum Event Retention for Lenders Mortgage Insurers. Australian Prudential Regulation Authority.

Bank of Queensland Limited

Review of an SMSF audit engagement questionnaire

ANNEX 3 SUPERVISORY AND REGULATORY GUIDELINES: PU GUIDELINES FOR THE ADMINISTRATION AND ULTIMATE DISPOSITION OF DORMANT BANK ACCOUNTS

Trust Deed for National Provident Lump Sum Cash Accumulation Scheme

BORROWING BY SELF MANAGED SUPERANNUATION FUNDS (SMSF)

The Mortgage Market Review and Non-bank mortgage lenders is enhanced Prudential Supervision on the way?

27 August Dear Shareholder,

Set-off and Extinguishment of Debt

Regulatory impact assessment on capital requirements for reverse mortgage loans

Consultation Paper CP6/16 Amendments to the PRA s rule on loan to income ratios in mortgage lending

Application for Status as a Registered Bank:

Unofficial Translation with the courtesy of The Foreign Banks' Association

Directors and Officers Liability Insurance

[Space Above This Line For Recording Data] CONSOLIDATION, EXTENSION, AND MODIFICATION AGREEMENT

MORTGAGE & FINANCE BROKERS ADDENDUM

COLLECTIVE INVESTMENT FUNDS (CERTIFIED FUNDS PROSPECTUSES) (AMENDMENT) (JERSEY) ORDER 2013

DEBT MANAGEMENT OFFICE (ESTABLISHMENT, ETC.) ACT

Financial Stability Oversight Council. Staff Guidance. Methodologies Relating to Stage 1 Thresholds. June 8, 2015

Build a portfolio of individual first mortgage investments - online.

Schneps, Leila; Colmez, Coralie. Math on Trial : How Numbers Get Used and Abused in the Courtroom. New York, NY, USA: Basic Books, p i.

NEW ZEALAND Government Bonds

DISCLAIMER: This version of the amendments is in draft form and subject to change. It is also subject to review by the Attorney- General s Chambers.

FAQs on Debenture Trustee

The Companies Act Private Company Limited by Guarantee and not. having a Share Capital. Memorandum of Association. Children North East

MARGIN LOAN APPLICATION FORM

AMP Home Loans. Home loan terms and conditions

Sector Risk Assessment. For Registered Banks, Non-bank Deposit Takers, and Life Insurers. Undertaken by Reserve Bank of New Zealand

COMMERCIAL LENDING POLICY DEVELOPMENT GUIDE Minimum Considerations

AMP KiwiSaver Scheme 18 March Fees & Other Charges

Solvency Standard for Captive Insurers Transacting Non-life Insurance Business 2014

Finansinspektionen s Regulatory Code

Application for a Banking Authority Foreign Bank Branches Prudential Statement J2


LOANS ACT. Section 2-Authenticating of Agreements, Securities, Etc. Section 3-Authority to raise External Loans.

Competition in Professional Services

MARKET NOTICE: OUTLINE OF THE UK GOVERNMENT'S 2009 ASSET-BACKED SECURITIES GUARANTEE SCHEME

managed loans FEES AND LIMITS

Responses to CP8/13 (No. 2)

National Consumer Credit Protection Amendment (Credit Reform Phase 2) Bill 2012

The Mortgage Brokerages and Mortgage Administrators Act

SUBSIDIARY LEGISLATION

Agency shall mean the Massachusetts Development Finance Agency established by M.G.L. c. 23G.

COMPLETE SMSF LEGAL SERVICES

Guidance on investment business regulation for Funding Advisers for Small and Medium Enterprises (SMEs)

EBA-GL July Guidelines. on the minimum list of qualitative and quantitative recovery plan indicators

GRF_116_1 Probable Maximum Loss for LMIs - Standard Loans

Transcription:

Non-Bank Deposit Takers Consultation Document: Proposed Capital Ratios and Related Party Exposures Regulations The Reserve Bank invites submissions on the draft regulations by 12 March 2010 Submissions and enquiries about the consultation should be addressed to: Norman F. Miller Advisor, Financial Systems Policy Prudential Supervision Department Reserve Bank of New Zealand PO Box 2498 Wellington 6140 Email: norman.miller@rbnz.govt.nz Please note that submissions may be published. If you think any part of your submission should properly be withheld on the grounds of commercial sensitivity or for any other reason, you should indicate this clearly. Ref #3893218

2 Non-Bank Deposit Takers Consultation Document: Proposed Capital Ratios and Related Party Exposures Regulations I. INTRODUCTION 1. The passing of the Reserve Bank of New Zealand Amendment Act 2008 established a new Part 5D of the Reserve Bank of New Zealand Act 1989 (the Act). Part 5D provides the Reserve Bank with powers to develop a prudential regulatory regime for the purposes of: (a) (b) promoting the maintenance of a sound and efficient financial system; or, avoiding significant damage to the financial system that could result from the failure of a deposit taker. 2. Section 157S of the Act enables regulations to be made to require that trust deeds include a capital ratio. The regulations may: a) provide for the capital ratio to be calculated in respect of (i) the deposit taker; or (ii) a borrowing group of which the deposit taker is part; b) provide for the capital ratio to be set at a specified minimum level for a particular deposit taker or a class of deposit takers; c) prescribe the framework in accordance with which the capital ratio must be calculated; d) provide for variation (whether as to content or otherwise) of the framework to apply to particular deposit takers or classes of deposit takers; e) incorporate by reference a framework published by, or on behalf of, any body or person in any country (i) (ii) in whole or in part; and with modifications, additions, or variations specified in the regulations. 3. Section 157V of the Act enables regulations to be made to require that trust deeds include a maximum limit on exposures to related parties. The regulations may: a) provide that the maximum limit on exposures to related parties is relative to (i) the capital of the deposit taker; or (ii) the capital of the borrowing group of which the deposit taker is part; b) provide that the maximum limit on exposures to related parties applies in respect of exposures of the deposit taker or exposures calculated across the borrowing group of which the deposit taker is part; c) require every deposit taker and trustee to ensure that the trust deed includes a specified maximum limit on exposures to related parties; d) require every deposit taker and trustee to ensure that the trust deed includes a maximum limit on exposures to related parties that is fixed by agreement between the deposit taker and the trustee (subject to section 157ZD).

3 4. Under section 157F of the Act, the Reserve Bank must take into account a number of principles in recommending regulations to the Minister under Part 5D of the Act. These are as follows: (a) the desirability of consistency in the treatment of similar institutions, regardless of matters such as their corporate form; (b) (c) (d) (e) (f) (g) the importance of recognising (i) that it is not the purpose of this Part to eliminate all risk in relation to the performance of deposit takers or to limit diversity among deposit takers; and, (ii) that depositors are responsible for assessing risk in relation to potential investments and for their own investment choices; the desirability of providing to depositors adequate information to enable them to assess risk in relation to potential investments and to distinguish between high-risk and low-risk deposit takers; the desirability of sound governance of deposit takers; the desirability of effective risk management by deposit takers; the need to avoid unnecessary compliance costs; and the need to maintain competition within the deposit taking sector. II. PURPOSE OF PRESENT CONSULTATION 5. The Reserve Bank has now developed draft regulations (attached) in relation to capital ratios and related party exposures under sections 157S and 157V (taking into account the principles in section 157F). This was done following the public consultation that was carried out at the end of 2008 and during 2009, and having regard to the submissions that were made as a result of this. 6. The purpose of this paper is to inform the NBDT sector of the regulations that have been developed and to draw attention to the more substantive changes that have been made since the issue of the earlier consultation paper. Comment is invited on the proposed regulations, in particular, on any issues that might be seen to arise in relation to their application at a technical level and/or their workability. We do not seek to reopen the discussion on matters of underlying policy such as risk weights, exposure categories, or other policy matters already approved by Cabinet. III. RISK WEIGHTS 7. A number of changes have been made to the risk weighting of various items. These are detailed in the table overleaf.

4 Exposure Category Consultation Document Final NBDT regulations Insured Loans No Recognition Housing NZ Corpn Welcome Home Loans 20% Residential Mortgage Loans LVR > 70% and not 100% 50% exceeding 80% LVR > 90% and not 100% 125% exceeding 100% Defaulted Loans Property Development Loans First ranking security LVR not exceeding 60% First ranking security > 60% and not exceeding 100% Other loans with qualifying security over land and/or buildings First mortgage over land and/or buildings LVR not exceeding 70% First mortgage over land and/or buildings with LVR > 70% but not exceeding 100% Loans against qualifying movable machinery Add 50 percentage points to risk weight No addition to risk weight No recognition 150% 300% 200% No recognition 100% No recognition 150% LVR not exceeding 70% No recognition PPSA: 100% Personal Loans A loan to an individual not exceeding $40,000 No recognition PPSA: 100% No PPSA: 150% Other Loans (not previously captured) 150% PPSA: 150% No PPSA: 200% Operating Leases No recognition 175% Other assets 500% 350% IV. INSURANCE BUSINESS 8. In the earlier consultation, we proposed that NBDTs that also undertake insurance business would be required to deduct insurance assets from capital when calculating their capital ratio. Recognising that it would be difficult to separately identify insurance assets we have decided not to proceed with this. We will however be looking to address this in another way. A possibility is to require insurance business to

5 be carried out by a separate legal entity, perhaps as a condition of licensing in the second stage of the NBDT law (currently under policy consideration). This will be consulted on in due course. V. RELATED PARTY DEFINITION 9. The related party definition set out in the Act is being extended. Under the extended definition if the deposit taker is part of a borrowing group, persons who are related to any member of the borrowing group are also treated as related parties of the deposit taker. The extended definition also includes: sister entities of the deposit taker or of a group member; other persons in whom the deposit taker or a group member has a substantial interest; persons with whom the deposit taker or a group member (or anyone with a substantial interest in the deposit taker or group member) have interlocking boards (40% or more common membership). The regulations restate the statutory definition of related party in section 157B of the Act and bring in the additional classes of related party. VI. GOVERNANCE REQUIREMENTS 10. Governance requirements are set out in section 157L of the Act. All NBDTs that are companies or building societies must have at least two independent directors. The chairperson cannot be an employee of either the NBDT or a related party. The requirements also state that if a NBDT is a subsidiary, the constitution of the NBDT must not include any provision under which the directors of the NBDT may act otherwise than in the best interests of the NBDT. It is proposed that these requirements will come into force at the same time as the attached regulations. VII. CREDIT RATINGS 11. Credit rating regulations have already been passed and will become operative on 1 March 2010. This is by virtue of the Deposit Takers (Credit Ratings) Regulations 2009. These require a current rating of a NBDT s creditworthiness to be a local currency (New Zealand dollar), long term, issuer rating (from an approved rating agency). These requirements will be subsumed by the attached regulations when they become effective. VIII. DEFINITIONS 12. It is worth noting that some of the terms used in the attached regulations are defined in the Act rather than in the regulations themselves. Examples include the definition of borrowing group and the definition of guaranteeing subsidiary.

6 IX. COMMENCEMENT 13. The intention is to bring the attached regulations into force in September 2010.