Deposit Takers (Credit Ratings, Capital Ratios, and Related Party Exposures) Regulations 2010 (SR 2010/167)

2010/167

Deposit Takers (Credit Ratings, Capital Ratios, and Related Party Exposures) Regulations 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 21st day of June 2010

Present:
His Excellency the Governor-General in Council

Pursuant to sections 157B, 157K, 157S, 157V, and 157ZY of the Reserve Bank of New Zealand Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the advice of the Minister of Finance given in accordance with a recommendation of the Reserve Bank of New Zealand made after consultation in accordance with section 157E and taking into account the principles in section 157F of that Act, makes the following regulations.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Interpretation

4 Definition of related party

5 All calculations to be on consolidated basis if deposit taker is member of borrowing group

Part 2
Requirements relating to credit ratings

6 Requirements for credit ratings

Part 3
Requirements relating to maintenance of minimum capital ratio

7 Overview

8 Trust deed must include minimum capital ratio that deposit taker must maintain

9 How to calculate capital ratio

Calculation of capital

10 How to calculate capital

Calculation of risk-weighted amount for credit risk

11 Calculation of risk-weighted amount for credit risk

12 Calculation of risk-weighted amount for on-balance sheet exposures

13 Classification of on-balance sheet exposures for purpose of determining applicable risk weight

14 When assets may be classified as rated short-term or long-term claim

15 How to determine applicable rating grade for purpose of classifying rated claims

16 How to determine loan-to-valuation ratio for purpose of classifying residential mortgage loans and certain other loans

17 How to determine loan-to-valuation ratio for purpose of classifying property development loans

18 How to determine loan-to-valuation ratio for purpose of classifying loans secured over qualifying moveable machinery

19 Requirements for transferred loans to be excluded from calculation of risk-weighted amount for on-balance sheet exposures

20 Requirements for loans subject to sub-participations to be excluded from calculation of risk-weighted amount for on-balance sheet exposures

Calculation of amount for market risk and operational risk

21 How to calculate amount for market risk and operational risk

Part 4
Restrictions on related party exposures

22 Overview

23 Trust deed must include maximum limit on aggregate related party exposures of no more than 15% of capital

24 How to calculate maximum limit ratio

25 Identifying related party exposures

26 Measuring related party exposures

27 Measuring related party exposures that are market-related contracts

Part 5
Revocation

28 Revocation

Schedule 
Tables 1 to 3

Explanatory note

Administrative information


Regulations