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Jersey Bank Depositors Compensation Board: Loan Agreement

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 15 December 2014:

Decision Reference:  MD-TR-2014-0148

Decision Summary Title:

Loan Agreement: Jersey Bank Depositors Compensation Board

Date of Decision Summary:

10 December 2014

Decision Summary Author:

Director of Accounting Services

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

 

 

Person Giving

Oral Report:

N/A

Written Report

Title:

Loan Agreement: Jersey Bank Depositors Compensation Board

Date of Written Report:

10 December 2014

Written Report Author:

Director of Accounting Services

 

Written Report :

Public or Exempt?

Public

Subject:   Loan Agreement: Jersey Bank Depositors Compensation Board (“the Board”).

Decision(s): The Treasury and Resources Minister approved the Loan Agreement (attached as SD1) and three associated Security Interest Agreements (attached as SD2-4) (collectively “the Agreements”) on behalf of the States of Jersey.

Reason(s) for Decision: In order for the Board to be able to pay compensation quickly to depositors, the States agreed in P84/2009 that provision should be made for the States to lend liquidity funding from the Strategic Reserve to the Board in the unlikely event of a Jersey bank failure.  Existing versions of the Agreements provide the legal framework for such lending and were signed on 13 January 2011.  

 

As a result of the new Security Interests (Jersey) Law, and changes proposed to the Banking Business (Depositors Compensation) (Jersey) Regulations 2009 (the “Regulations”) it is now an appropriate time for the States of Jersey to sign updated Agreements. 

Resource Implications: The total financial amount that can be called upon from the States is unchanged by the updating of the agreements. The States of Jersey have clearer rights in relation to when they can recall the loan following the revised Loan Agreement, and in relation to their security interests under the drafting of new Security Interests documentation under the new Security Interests (Jersey) Law 2012.

 

Accordingly there are no staffing implications and the financial implications for the States of Jersey should be beneficial as a result of updating the Agreements.

Action required: The Treasury and Resources Minister is to sign the Agreements on behalf of the States of Jersey.

Signature:

 

 

 

Position: Senator A.J.H. Maclean, Minister for Treasury and Resources

Date Signed:  

 

Date of Decision:

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