DANMARKS NATIONALBANK TERMS and CONDITIONS for ACCOUNTS 1 August 2016 DANMARKS NATIONALBANK TERMS and CONDITIONS for ACCOUNTS
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DANMARKS NATIONALBANK TERMS AND CONDITIONS FOR ACCOUNTS 1 August 2016 DANMARKS NATIONALBANK TERMS AND CONDITIONS FOR ACCOUNTS Documentation for monetary-policy instruments and settlement of payments in DKK, EUR, SEK, and ISK CONTENT 4 GENERAL 18 SETTLEMENT OF PAYMENTS IN DANISH KRONER AND MONETARY-POLICY INSTRUMENTS 96 SETTLEMENT OF PAYMENTS IN EURO 197 SETTLEMENT OF PAYMENTS IN SWEDISH KRONER 205 SETTLEMENT OF PAYMENTS IN ICELANDIC KRONER 213 TELEFAX FORMATS FOR EMERGENCY PROCEDURES CONCERNING DANISH KRONER GENERAL 1. General Terms and Conditions for Monetary-Policy Instruments and Settlement of Payments in Danish Kroner, Swedish Kronor and Icelandic Kroner 2. Banking Days 3. Fees and Prices 4. Request for Connection to Kronos and the DN Inquiry and Transfer System GENERAL TERMS AND CONDITIONS FOR MONETARY-POLICY INSTRUMENTS AND SETTLEMENT OF PAYMENTS IN DANISH KRONER, SWEDISH KRONOR AND ICELANDIC KRONER AT DANMARKS NATIONALBANK These "General Terms and Conditions for Monetary-Policy Instruments and Settlement of Payments in Danish Kroner, Swedish Kronor and Icelandic Kroner at Danmarks Nationalbank" apply to any matters concerning the below-mentioned types of account holders and accounts in connection with monetary-policy instruments and settlement of payments in Danish kroner, Swedish Kronor and Icelandic Kroner at Danmarks Nationalbank. 1. Definitions • By "current account" is meant a current account denominated in Danish kroner. • By "settlement accounts" is meant accounts that are established and related to the settlement of payments in payment systems or securities settlement systems with Danmarks Nationalbank. • By "account holders" is meant credit institutions and branches thereof, as well as others that have established a current account at Danmarks Nationalbank, and banks, mortgage-credit institutes and branches thereof which Danmarks Nationalbank furthermore has given access to the monetary-policy instruments, cf. "Terms and Conditions for a Current Account in Danish Kroner at Danmarks Nationalbank". • By "credit institutions" is meant such institutions as are defined pursuant to respectively Council directive 2006/48 (on the taking up and pursuit of the business of credit institutions). • By "banks" is meant banks, savings banks and cooperative savings banks authorised by the Danish Financial Supervisory Authority to conduct banking activities pursuant to the Danish Commercial Banks and Savings Banks Act. • By "mortgage-credit institutes" is meant institutions authorised by the Danish Minister of Economic Affairs to conduct mortgage-credit activities pursuant to the Danish Mortgage Credit Act. • By "monetary-policy instruments" is meant interest-bearing deposits to current accounts, monetary-policy loans and certificates of deposit. • A "monetary-policy counterparty" is an account holder that has access to use the monetary-policy instruments. • By "current account fixed limit" is meant the maximum amount fixed at any time for an monetary-policy counterparty, which is calculated at 3.30 p.m. as the total balance of each monetary-policy counterparty on current accounts and other accounts that are normally be emptied at 3.30 p.m. The sum of the total current account limit for the monetary-policy counterparties is equivalent to the sum of the current account limit of each monetary-policy counterparty. • By "transactions" is meant any transaction involving the current account, a settlement account, a SCP account and an automatic collateralisation account, or which concerns monetary-policy loans and certificates of deposit, accounts connected to cash depots and the release, placement and exchange of collateral. • By "Kronos" is meant Danmarks Nationalbank's real-time gross settlement system in Danish kroner. • By "CLS" is meant Continuous Linked Settlement, a clearing and settlement system for foreign exchange transactions in a number of currencies. • By "SCP" is meant the Scandinavian Cash Pool, an automated procedure for cross- border pledging of collateral within Scandinavia, established by Norges Bank, Sveriges Riksbank and Danmarks Nationalbank. 2. Right of signature and power of attorney a) Danish kroner On the establishment of an account in Danish kroner the account holder shall document who is legally entitled to sign on behalf of the account holder ("authorised signatories"). Specimens of the signatures of the authorised signatories shall be enclosed. Changes in the authorised signatories of the account holder shall be notified in writing to Danmarks Nationalbank, Banking and Markets. The account holder shall inform Danmarks Nationalbank, Banking and Markets, in writing should other persons than the authorised signatories be granted power of attorney to carry out transactions on the basis of a written request ("holders of power of attorney"). If the account holder has access to use the monetary-policy instruments, the notification should be made on the form "Power of Attorney to a Current Account in Danish Kroner and Monetary- Policy Transactions at Danmarks Nationalbank". If the account holder solely holds a current account at Danmarks Nationalbank, the notification shall be given on the form "Power of Attorney to a Current Account in Danish Kroner at Danmarks Nationalbank". Power of attorney to request the withdrawal of securities from a pledged VP account is given on the form "Guidelines for Withdrawal of Assets from a VP Account Pledged for Credit Facilities in Danish Kroner at Danmarks Nationalbank". The aforementioned forms must bear the names of the holders of power of attorney, as well as specimens of their signatures. The notification must be signed by the authorised signatories. Changes in the power of attorney granted by the account holder shall be notified in writing to Danmarks Nationalbank, Banking and Markets, on the stated forms. If the account holder's business activity has not been registered by the Danish Commerce and Companies Agency the account holder shall in a manner which is satisfactory to Danmarks Nationalbank document the legal validity, etc. of the rights of signature and powers of attorney in accordance with the legislation of the home country. b) Swedish kronor On the establishment of a VP settlement account in Swedish kronor the account holder shall document who is legally entitled to sign on behalf of the account holder ("authorised signatories"). Specimens of the signatures of the authorised signatories shall be enclosed. Changes in the authorised signatories of the account holder shall be notified in writing to Danmarks Nationalbank, Banking and Markets. The account holder shall inform Danmarks Nationalbank, Banking and Markets, in writing, should other persons than the authorised signatories be granted power of attorney to carry out transactions on the basis of a written request ("holders of power of attorney"). The notification shall be made on the form "Power of Attorney to a VP Settlement Account in Swedish Kronor at Danmarks Nationalbank". The form shall bear the names of the holders of power of attorney, as well as specimens of their signatures. The notification must be signed by the authorised signatories. Changes in the power of attorney granted by the account holder shall be notified in writing to Danmarks Nationalbank, Banking and Markets, on the stated forms. If the account holder's business activity has not been registered by the Danish Commerce and Companies Agency the account holder shall in a manner which is satisfactory to Danmarks Nationalbank document the legal validity, etc. of the rights of signature and powers of attorney in accordance with the legislation of the home country. c) Icelandic kroner On the establishment of a VP settlement account in Icelandic kroner the account holder shall document who is legally entitled to sign on behalf of the account holder ("authorised signatures"). Specimens of the signatures of the authorised signatories shall be enclosed. Changes in the authorised signatories of the account holder shall be notified in writing to Danmarks Nationalbank, Banking and Markets. The account holder shall inform Danmarks Nationalbank, Banking and Markets, in writing, should other persons than the authorised signatories be granted power of attorney to carry out transactions on the basis of a written request ("holders of power of attorney"). The notification shall be made on the form "Power of Attorney to a VP Settlement Account in Icelandic kroner at Danmarks Nationalbank". The form shall bear the names of the holders of power of attorney, as well as specimens of their signatures. The notification must be signed by the authorised signatories. Changes in the power of attorney granted by the account holder shall be notified in writing to Danmarks Nationalbank, Banking and Markets, on the stated forms. If the account holder's business activity has not been registered by the Danish Commerce and Companies Agency the account holder shall in a manner which is satisfactory to Danmarks Nationalbank document the legal validity, etc. of the rights of signature and powers of attorney in accordance with the legislation of the home country. 3. Power of attorney to another participant Holders of current accounts in Danish kroner may grant power of attorney to another Kronos participant to carry out transactions via Kronos to the account holder's accounts denominated in Danish kroner. If power of attorney is granted this must simultaneously be notified to Danmarks Nationalbank, Banking and Markets. Agreements on the granting of power of attorney to another