Authority to carry on banking business for a limited time 2022 – International Bank of Australia Pty Ltd
Banking Act 1959
To: International Bank of Australia Pty Ltd ABN 34 631 284 396 (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 (the section 9 authority); and
(b) under paragraph 9AA(1)(a) of the Act, IMPOSE conditions on the section 9 authority, as specified in the schedule.
This instrument commences on the day it is made and continues in force until 2 November 2024.
Dated: 2 November 2022
Therese McCarthy Hockey Member
APRA
Interpretation
In this instrument:
APRA means the Australian Prudential Regulation Authority.
banking business has the meaning given in subsection 5(1) of the Act.
section 9 authority 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 a section 9 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 the section 9 authority
Unless otherwise approved in writing by APRA, the body corporate must:
- 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. in response to a stress that threatens its viability, or in response to an inability to achieve its strategy to ADI, execute actions in its financial contingency plan as necessary in order to maintain viability or deliver a solvent and orderly exit from banking business;
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 section 9 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 the section 9 authority, APRA may seek to revoke the authority.