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RBA Glossary definition for bankruptcy

bankruptcy – A legal status, which can be initiated by a creditor or person concerned, whereby the bankrupt's property is vested in a trustee and, with the exception of certain personal and professional property, is available for distribution to creditors.

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2. Overview of the Clearing and Settlement Landscape | Assessment of ASX Clearing and Settlement (CS) Facilities against the Principles for …

9 Mar 2023
the risk that a court may apply the ‘zero hour’ rule and unwind any payments that have settled since midnight of the day preceding a bankruptcy order. ... In assessing an application for approval, the PSNA sets out a number of tests including that,
https://www.rba.gov.au/payments-and-infrastructure/financial-market-infrastructure/principles/assessment-against-principles/asx/2014/overview.html

Appendix B: Detailed Assessment of the Reserve Bank Information and Transfer System | 2020 Assessment of the Reserve Bank Information and…

9 Mar 2023
ABS must be tradeable in the secondary market and must be based on a true sale of assets into a bankruptcy-remote special-purpose vehicle.
https://www.rba.gov.au/payments-and-infrastructure/rits/self-assessments/2020/appendix-b.html

Appendix A: Detailed Self-assessment | 2013 Self-assessment of the Reserve Bank Information and Transfer System

9 Mar 2023
Asset-backed securities must be tradeable in the secondary market and must be based on a true sale of assets into a bankruptcy remote special purpose vehicle.
https://www.rba.gov.au/payments-and-infrastructure/rits/self-assessments/2013/appendix-a.html

Assessment against the Core Principles | 2009 Self-assessment of the Reserve Bank Information and Transfer System

9 Mar 2023
Participants can only repo securities issued by a related party if they are asset-backed securities issued by a bankruptcy-remote special-purpose vehicle.
https://www.rba.gov.au/payments-and-infrastructure/rits/self-assessments/2009/assessment.html

Appendix B: Detailed Assessment of the Reserve Bank Information and Transfer System | 2015 Assessment of the Reserve Bank Information and…

9 Mar 2023
Asset-backed securities must be tradeable in the secondary market and must be based on a true sale of assets into a bankruptcy remote special purpose vehicle.
https://www.rba.gov.au/payments-and-infrastructure/rits/self-assessments/2015/appendix-b.html

Standard 1: Legal Basis | Financial Stability Standards for Central Counterparties December 2012

9 Mar 2023
transfer ownership rights or property interests; and a central counterparty's rights to make and receive payments, in all cases, notwithstanding the bankruptcy or insolvency of its participants, participants' customers, or ... Netting arrangements should
https://www.rba.gov.au/payments-and-infrastructure/financial-market-infrastructure/clearing-and-settlement-facilities/standards/central-counterparties/2012/standard-1.html

Appendix B: Detailed Assessment of the Reserve Bank Information and Transfer System | 2018 Assessment of the Reserve Bank Information and…

9 Mar 2023
ABS must be tradeable in the secondary market and must be based on a true sale of assets into a bankruptcy-remote special purpose vehicle.
https://www.rba.gov.au/payments-and-infrastructure/rits/self-assessments/2018/appendix-b.html

Attachment 2 | 2006/07 Assessment

9 Mar 2023
However, under the so-called ‘zero hour’ rule, a court may date the bankruptcy of an institution from the midnight before the bankruptcy order is made.
https://www.rba.gov.au/payments-and-infrastructure/financial-market-infrastructure/clearing-and-settlement-facilities/assessments/2006-2007/attachment2.html

Self-assessment of the Australian Securities and Investments Commission and Reserve Bank of Australia – Clearing and Settlement Facilities

9 Mar 2023
the risk that a court may apply the ‘zero hour’ rule and unwind any payments that have settled since midnight of the day preceding a bankruptcy order. ... In assessing an application for approval, the PSNA sets out a number of tests including that,
https://www.rba.gov.au/payments-and-infrastructure/financial-market-infrastructure/principles/assessment-against-responsibilities/responsibilities-of-authorities/2014/overview.html

Regulatory and Industry Developments | Report on the Australian OTC Derivatives Market October 2012

9 Mar 2023
The use of LEIs may also enhance regulators' or bankruptcy professionals' ability to identify creditors and debtors in an insolvency scenario. ... While the legislation requires that derivatives with credit events closely associated with Japanese
https://www.rba.gov.au/payments-and-infrastructure/financial-market-infrastructure/otc-deriviatives/reports/201210-otc-der-mkt-rep-au/regulatory-industry-developments.html