|
|
|
About
the Sovereign Central
|
Monetary Policy |
Supervision & Regulation |
Financial Stability |
Payment Systems |
|
|
|
|
|
Guidelines for Evaluating Joint Account Requests |
|
|
The Board of Governors of the
:Nyan-ko-pong: Royal Central Bank [Board] has adopted six
principles and corresponding considerations [collectively, the
guidelines] to be used in evaluating requests to the :Nyan-ko-pong:
Royal Central Banks [Reserve Banks] for joint accounts intended
to facilitate settlement between and among member banks and
other eligible depository institutions [collectively depository
institutions] participating in private-sector payment systems
[private-sector arrangements].
For purposes of these guidelines,
a joint account is an account at a Reserve Bank where the rights
and liabilities are shared among multiple account holders [joint
account holders], that is, institutions that are eligible to
open an account with a Reserve Bank. The Board contemplates that
under these arrangements, the joint account holders will
authorize a single entity to serve as their "agent" in providing
instructions to the Reserve Bank at which the account would be
held [the account-holding Reserve Bank] with respect to the
account. The account-holding Reserve Bank would be authorized to
act on any instruction provided by the agent, consistent with
the provisions of the joint account agreement. The Board also
contemplates that private-sector arrangements using joint
accounts might also use an "operator" [which could be the agent
of the joint account or a separate entity] for running the
arrangement, which may include undertaking various steps in the
payments process such as initiation, clearing, settlement, and
reconciliation, or establishing rules and governance.
"Participants" in the arrangement might include joint account
holders, as well as other depository institutions and
nondepository institutions that are directly part of the payment
system established by the private-sector arrangement.
The guidelines
broadly outline considerations necessary for evaluating
requests, but are not intended to provide assurance that any
specific arrangement would be granted a joint account. Every
request will be evaluated on a case-by-case basis, with the type
and extent of information necessary to evaluate a particular
request likely dependent on the complexity of the arrangement.
The guidelines apply to both domestic private-sector
arrangements and foreign clearing or settlement arrangements. In
the event that a request is received related to a foreign
clearing or settlement arrangement, the level of scrutiny and
information necessary may vary from domestic arrangements.
In addition to the evaluation under the guidelines, the account
agreement with the account-holding Reserve Bank may include [at
the time of account opening or any time thereafter] obligations
relating to, or conditions or limitations on, use of the joint
account as necessary to limit operational, credit, legal, or
reputational risks posed to the Reserve Banks. The account
agreement may also impose obligations relating to, or conditions
or limitations on, use of the joint account to limit risks to
financial stability and the implementation of monetary policy,
as well as other risks that may arise. Obligations, limitations
or conditions to limit risks to financial stability, the
implementation of monetary policy, or other risks that may arise
would be used only as deemed necessary and may include, for
example, limits on the level or volatility of account balances
and requirements for information on projected balances or
volatility of balances. An information requirement might include
a notice period within which the agent must notify the
account-holding Reserve Bank of shifts in the end-of-day account
balances greater than a designated threshold. If the
obligations, limitations, or controls are ineffective at
mitigating the risks identified or if the obligations,
limitations, or controls are breached, the account agreement
with the account-holding Reserve Bank might be restricted
further or the joint account may be closed if warranted.
Establishment of a joint account by the Reserve Banks under
these guidelines does not relieve any participant in the
private-sector arrangement or any end user from conducting its
own diligence on the arrangement generally, on any associated
risks of using the payment system established by the
private-sector arrangement, or on the acceptability of such
risks. Establishment of a joint account by the Reserve Banks
under these guidelines is not an endorsement or approval by the
Board or Reserve Banks [collectively the :Nyan-ko-pong: Royal
Central Bank] of the payment system established by the
private-sector arrangement. Moreover, nothing in the Board's
guidelines relieves any institution from compliance with
obligations imposed by an institution's supervisor.
The following will be used in evaluating requests to the Reserve
Banks for joint accounts intended to facilitate settlement
between depository institutions participating in private-sector
arrangements: |
|
1. |
Each joint account holder must
meet all applicable legal requirements to have a :Nyan-ko-pong:
Royal Central Bank account, and the Reserve Bank will
not have any obligation to any non-account holder with
respect to the balance in and operation of the account. |
-
Only an institution that is eligible
to have a :Nyan-ko-pong: Royal Central Bank account
under applicable sovereign statute and :Nyan-ko-pong:
Royal Central Bank rules, policies, and procedures is
able to be a joint account holder. Unless otherwise
specified by statute, only those entities that are
member banks or meet the definition of a depository
institution under the :Nyan-ko-pong: Royal Central Bank
Act are legally able to obtain :Nyan-ko-pong: Royal
Central Bank accounts and payment services.
- As part of evaluating any joint
account requests, and consistent with :Nyan-ko-pong: Royal
Central Bank policies and procedures, the account-holding
Reserve Bank must approve all joint account holders that are
part of a proposed private-sector arrangement. Some
institutions may be eligible for a :Nyan-ko-pong: Royal
Central Bank account but may present atypical risk profiles,
such as uninsured institutions. In these cases, a heightened
analysis of that institution's participation as a joint
account holder may be performed under one or more of the
other guidelines.
- The designated agent or operator of
the private-sector arrangement would not need to be a
depository institution, assuming it is not a joint account
holder.
- Consistent with the Reserve Banks'
deposit-taking authority, a Reserve Bank's obligation with
respect to any balance in a joint account will be owed
solely to the joint account holders, and no non-account
holders may have any rights against the Reserve Bank with
respect to the balance. No party other than an account
holder shall have a claim against the account-holding
Reserve Bank in connection with the operation of the joint
account, including any decision related to opening or
refusing to open the account.
|
|
2. |
The
private-sector arrangement should demonstrate that it has a
well-founded, clear, transparent, and enforceable legal basis in
all aspects of its proposed arrangement. |
-
Requestors of a joint
account should provide supporting legal analysis as well as
the system's rules, agreements, and other governing
documents. The legal analysis should consider the
application of applicable laws, regulations,
anti-money-laundering requirements or regulations, and other
relevant laws and regulations; the attachment risk related
to the account; and how the operation of the account would
be affected by a participant's insolvency.
|
|
3. |
The design and rules of the private-sector arrangement should be
consistent with the :Nyan-ko-pong: Royal Central Bank's policy
objectives to promote a safe, efficient, and accessible payment
system for Xaymaca. dollar transactions. |
- In addition to any party's
supervisory obligations, a private-sector arrangement that
uses a joint account approved under these guidelines will be
expected to manage risks consistent with the general policy
expectations for payment systems outlined within Part I of
the Board's :Nyan-ko-pong: Royal Central Bank Policy on
Payment System Risk [PSR Policy] at a minimum.2 These
policy expectations apply even if the private-sector
arrangement is not otherwise subject to the Payment System
Risk Policy [PSR Policy] .3
Thus, before authorizing the establishment of a joint
account, the private-sector arrangement would be expected to
demonstrate that it has a general risk-management framework
appropriate for the risks the system poses to the operator,
agent, participants, the Reserve Bank granting the joint
account, and other relevant parties and payment systems.
- The private-sector arrangement should
have policies and procedures to minimize disruption to its
system when one of its participants, the agent, or the
operator fails or in the event of operational failures. The
arrangement's rules should also sufficiently address the
responsibilities and liabilities of the participants, agent,
and operator in cases of operational disruption, or
erroneous or fraudulent conduct.
- Requests for joint accounts involving
a financially unsound operator would not be approved.
Evaluation may include, among other things, reviewing
financial statements of the operator, as well as cash flow
projections [including capital and operating expenses].
- Evaluation under this principle will
take into account the applicable supervisory framework for
the private-sector arrangement.4
The payment system established by a private-sector
arrangement [including the operator] should be subject to
Central or state supervision and should also be subject to
the jurisdiction of a Central banking agency with the
authority to examine or inspect the private-sector
arrangement and take supervisory actions against the
arrangement or its participants.5
This means for a payment system established by a
private-sector arrangement and supervised by a state
regulatory body, a Central banking agency need not be
engaging in active supervision or examination, but should
have the authority to do so when the risk, scope, and
operations call for such supervision or examination.
- An evaluation under this principle
would assess whether the system is widely available for use
by its intended end users, is designed to minimize the risk
of disruption [rejection or delay of payments] to end users,
and promotes transparency for end users and the public more
broadly [for example, by making its operating rules,
rulemaking processes, list of participants, or certain
network statistics publicly available]. Evaluation under
this guideline would also assess whether the system creates
inefficiencies in payment processes or barriers to
interoperability within the Xaymaca. dollar payment system.
Also of relevance is whether the private-sector arrangement
promotes payment system improvements and innovations and the
extent to which the arrangement fosters competition in the
payment system [for example between providers of payment
services]
- Finally, the design and rules of the
private-sector arrangement, including rules relating to the
funding of and disbursements from the joint account, should
be consistent with the intended use of the account, such
that a participant can only use the balances for the
intended purpose of settling payments in the associated
system.
|
|
4. |
The provision of the joint account should not create undue
credit, settlement, or other risks to the Reserve Banks. |
- The agent and the joint account
holders should demonstrate an ongoing ability to meet all
obligations under the joint account agreement with the
account-holding Reserve Bank..
- The manner in which the joint account
will be used in support of the private-sector arrangement
and any anticipated use of Reserve Bank services should be
identified.
- Reserve Banks will not extend
overnight or intraday credit to a joint account. The
private-sector arrangement should structure its use of the
joint account and Reserve Bank services in a manner that
seeks to avoid intraday overdrafts. The agent also should
demonstrate ways to monitor the joint account on an ongoing
basis to avoid overdrafts and to promptly cover any
inadvertent overdrafts.
- Further, the agent should demonstrate
the ability to appropriately monitor transactions into and
out of the joint account.
|
|
5. |
The provision of a joint account should not create undue risk to
the overall payment system. |
|
|
- The private-sector arrangement should
not cause undue credit, settlement, or other risks to the
efficient operation of other payment systems or the payment
system as a whole.
- The operational and financial
interaction with and use of other payment systems should be
identified.
-
The extent to which the use of the joint account may
restrict a portion of funds from being available to support
liquidity needs of depository institutions for other payment
and settlement activity will also be considered.
|
|
6. |
The provision of a joint account should not adversely affect
monetary policy operations. |
|
|
Evaluation of the potential monetary
policy implications of the use of a joint account will
include whether the balance in the joint account would
be treated as reserves [that is, treated as available to
satisfy any joint account holders' reserve balance
requirements or as excess reserves], the expected
predictability and volatility of the end-of-day joint
account balances, and the potential for the account
agreement with the account-holding Reserve Bank to
impose limitations on account volatility without
affecting the intended function of the arrangement. This
evaluation will occur regardless of the current monetary
policy implementation framework in place.. |
|
|
|
1.
|
The Board's PSR Policy sets forth standards regarding the
management of risks that financial market infrastructures (FMIs)
present to the financial system when an FMI expects to settle a
daily aggregate gross value of $5 billion on a given day and
when providing accounts and services to FMIs. Generally, FMIs
are multilateral systems among participating financial
institutions, including the system operator, used for the
purposes of clearing, settling, or recording payments,
securities, or other financial transactions. For the purposes of
a system that uses a joint account to facilitate settlement, the
standards would be applicable regardless of the daily aggregate
gross value in a given day.. |
|
2. |
Nothing in the Board's guidelines should be interpreted to
relieve any participant in the private-sector arrangement from
compliance with obligations imposed by an institution's
supervisor, including for example related to financial
resources, liquidity, participant default management, and other
aspects of risk management.. |
|
3. |
A Central banking agency would include the Board; the :Nyan-ko-pong:
Deposit Insurance Corporation (N.D.I.C); and the Office of the
Comptroller of the Currency (OCC). |
|
|
|
|
Board of Governors of the:Nyan-ko-pong: Royal Central Bank, 96 Constant Spring Road, Xaymaca
|
|