Authority to carry on banking business for a limited time 2021 – Alex Bank Pty Ltd

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Legislation au C2021G00553 In force Gazette

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Authority to carry on banking business for a limited time 2021 – Alex Bank Pty Ltd


Banking Act 1959

 

To: Alex Bank Pty Ltd ABN 13 627 244 848 (the body corporate)

 

SINCE the body corporate has applied for an authority to carry on banking business in Australia for a limited time,

 

I, Therese McCarthy Hockey, a delegate of APRA:

 

(a)          under subsection 9(3) of the Banking Act 1959 (the Act), GRANT the body corporate an authority to carry on banking business in Australia; and

 

(b)          under paragraph 9AA(1)(a) of the Act, IMPOSE conditions on the authority, as specified in the schedule.

 

This instrument commences on 7 July 2021 and ceases to have effect on 7 July 2023. Dated: 7 July 2021

Therese McCarthy Hockey Executive Director Banking Division

 

Interpretation

In this instrument:

APRA means the Australian Prudential Regulation Authority.

banking business has the meaning given in subsection 5(1) of the Act.

 

Notes

This instrument ceases to have effect at the start of the day specified in this instrument.

APRA is required to publish this instrument in the Gazette, and may also publish this instrument in any other way that APRA considers appropriate.

A decision to impose conditions on an authority is a decision to which Part VI of the Act applies. You may request APRA reconsider the decision in accordance with subsection 51B(1) of the Act. The request for reconsideration

must be made in writing, must state the reasons for the request, and must be given to APRA within 21 days after the day on which you first received notice of this decision, or within such further period as APRA allows. If you are dissatisfied with the outcome of APRA’s reconsideration of the decision, you may, subject to the Administrative Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of the reconsidered decision. The address where written notice may be given to APRA is Level 12, 1 Martin Place, Sydney NSW 2000.

 

 

Schedule – conditions on authority

Unless otherwise approved in writing by APRA, the body corporate must:

 

  1. only accept deposits where:

(a)          the aggregate balance of all protected accounts held with the body corporate does not exceed $2 million; and

(b)          the aggregate balance of all protected accounts held by each account-holder with the body corporate (calculated using a single customer view) does not exceed

$250,000;

 

2.             maintain, at all times, Common Equity Tier 1 Capital equal to the greater of:

(a)          $3 million plus the resolution reserve, which is $1 million unless otherwise determined by APRA; or

(b)          20 per cent of adjusted assets of the body corporate;

 

3.             hold, at all times, liquid assets equal to the greater of:

(a)          20 per cent of total liabilities; or

(b)          the aggregate balance of all protected accounts held with the body corporate plus an amount equal to the resolution reserve;

 

4.             limit the value of assets held on its balance sheet to $100 million, unless otherwise approved in writing by APRA;

 

5.             comply with the individual prudential standard and the conditions on the reporting standard exemption. Should the body corporate breach these requirements, it must promptly enact its exit plan, unless otherwise agreed to in writing by APRA;

 

6.             carry out all actions outlined in its exit plan if it reaches the trigger thresholds in that plan;

 

7.             only offer products included in its business plan for the restricted phase as submitted to APRA in its application for an authority under section 9 of the Act, and must seek prior approval from APRA should it wish to offer any additional products;

 

8.             disclose to its customers and potential customers that it is operating on a restricted licence in all its dealings;

 

9.             not carry on banking business in any country other than Australia; and

 

10.         not use any derivative without approval from APRA.

 

Interpretation

In this schedule:

adjusted assets is the sum of all assets, within the meaning given in the Australian Accounting Standards, minus an amount equal to the value of regulatory adjustments required

to be made under Prudential Standard APS 111 Capital Adequacy: Measurement of Capital.

Common Equity Tier 1 Capital has the meaning given in Prudential Standard APS 111 Capital Adequacy: Measurement of Capital.

derivative has the meaning given in Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives.

full prudential requirements means the prudential requirements that will apply to the body corporate after the individual prudential standard and reporting standard exemption are no longer in force. This includes, without limitation, requirements imposed by the Act, prudential standards made under the Act, reporting standards made under the Financial Sector (Collection of Data) Act 2001, conditions on the body corporate’s authority and any other requirements imposed by APRA in writing.

individual prudential standard means a prudential standard determined under paragraph 11AF(1)(e) in relation to prudential matters to be complied with by the body corporate.

liabilities, for the purposes of this schedule, means total on-balance sheet liabilities and irrevocable commitments, except where approved for a prudential purpose by APRA.

liquid assets are those assets that meet the requirements of Attachment B of Prudential Standard APS 210 Liquidity.

protected account has the meaning given in subsection 5(1) of the Act.

resolution reserve means the reserve to cover potential APRA costs of resolving the body corporate which may, as a last resort, include administration of the Financial Claims Scheme if activated by the Australian Government.

reporting standard exemption means an exemption under subsection 16(1) of the Financial Sector (Collection of Data) Act 2001 exempting the body corporate from the requirement to comply with requirements in one or more applicable reporting standards.

single customer view has the meaning given in Prudential Standard APS 910 Financial Claims Scheme.

 

Note

If it appears to APRA that the body corporate is unlikely to meet the full prudential requirements within the period of this authority, APRA may seek to revoke this authority.

Overview

The Authority to carry on banking business for a limited time 2021, enacted under the Banking Act 1959, was introduced to provide a temporary banking authority to Alex Bank Pty Ltd, enabling it to operate within specific constraints and under regulatory oversight. This legislative instrument was enacted by Therese McCarthy Hockey, a delegate of the Australian Prudential Regulation Authority (APRA), addressing the need for controlled entry into the banking sector by a new entity. The primary policy objective is to ensure that Alex Bank Pty Ltd adheres to stringent prudential standards and operates within the parameters set forth by APRA, thus safeguarding the financial stability and protecting depositors within the specified timeframe. The authority is valid from 7 July 2021 until 7 July 2023, subject to APRA's conditions, which include limits on deposit acceptance, capital and liquidity requirements, and restrictions on business activities and geographical operations.

Scope and Application

The Authority to carry on banking business for a limited time 2021 (Alex Bank Pty Ltd) granted under the Banking Act 1959 applies specifically to Alex Bank Pty Ltd, an entity with Australian Business Number 13 627 244 848. This authority allows the bank to operate within the Australian jurisdiction, but it is subject to stringent conditions set forth by the Australian Prudential Regulation Authority (APRA). The conditions include limits on the amount of deposits the bank can accept, capital requirements, liquidity standards, and restrictions on the types of financial products offered. The authority also mandates that the bank must disclose its restricted operation status to all customers and refrain from conducting banking activities outside Australia. The authority is in effect from 7 July 2021 until 7 July 2023, and APRA has the power to revoke it if the bank fails to meet specified prudential requirements. Any changes or extensions to the conditions or the duration of the authority would require further approval from APRA, which could be granted through subordinate instruments as deemed necessary.

Key Provisions

The primary operative sections of the legislation, as detailed in the Gazette, concern the grant of a temporary authority for Alex Bank Pty Ltd to conduct banking business in Australia (subsection 9(3) of the Banking Act 1959). This authority is accompanied by specific conditions (paragraph 9AA(1)(a) of the Act) which outline the operational restrictions and requirements for the bank during its authorised period. The authority is set to commence on 7 July 2021 and will cease on 7 July 2023, as specified by Therese McCarthy Hockey, an Executive Director of the Banking Division and a delegate of APRA. The obligations and requirements imposed on Alex Bank Pty Ltd by this Act are multifaceted. Firstly, the bank must ensure that the total balance of all protected accounts held with the bank does not exceed $2 million, and the balance for each account-holder does not surpass $250,000. Secondly, it must maintain Common Equity Tier 1 Capital at a level that is the greater of $3 million plus a resolution reserve of $1 million, or 20% of its adjusted assets. Additionally, the bank must hold liquid assets equivalent to the greater of 20% of its total liabilities or the aggregate balance of all protected accounts plus the resolution reserve. The bank is also required to limit its total assets to $100 million unless otherwise approved by APRA. Compliance with the individual prudential standard and conditions on the reporting standard exemption is mandatory, and failure to adhere to these could necessitate the enactment of an exit plan. The bank must adhere to the products outlined in its business plan and seek prior approval from APRA for any additional offerings. Furthermore, Alex Bank Pty Ltd must disclose to its customers that it is operating under a restricted licence and refrain from conducting banking business outside Australia. Lastly, it must not use any derivatives without APRA’s approval. The legislation also outlines potential offences, penalties, and consequences for breach. If Alex Bank Pty Ltd fails to comply with the stipulated conditions, APRA has the authority to seek revocation of the bank's authority. Additionally, the bank could face civil or criminal penalties depending on the severity and nature of the breach. While the specific maximum penalties are not detailed in the Gazette, they are likely to be prescribed under the Banking Act 1959 and related regulations. Failure to meet the full prudential requirements may also result in APRA seeking to revoke the authority, effectively shutting down the bank’s operations before the scheduled cessation date.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.