Reserve Bank may approve netting arrangement
12 Reserve Bank may approve netting arrangement
The Reserve Bank may approve the arrangement if it is satisfied that:
systemic disruption in the financial system could result if a participant went into external administration and the arrangement were not approved under this section; and
the arrangement provides for netting to occur at least once on each business day; and
the rules governing the arrangement establish a coordinator for the arrangement; and
the coordinator of the arrangement has the resources, competency and integrity needed to administer the arrangement; and
the rules governing the arrangement provide that if a party to the arrangement goes into external administration:
the party must notify the coordinator as soon as practicable; and
the coordinator may exclude the party from the arrangement; and
the rules governing the arrangement require a party to the arrangement to notify the coordinator as soon as practicable if they have reasonable grounds to suspect that another party to the arrangement is insolvent;
and of any other matters specified in the regulations.
An approval:
must be given in writing; and
may be given subject to the terms and conditions specified in the approval.
This provision refers to the regulations (specified in the regulations
). Made under this Act:
- Payment Systems and Netting Regulations 2001 · under s 18
3 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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