PART 2Amendments to primary legislation

Overdrafts etcI119

1

Section 189 (definitions)7, is amended as follows.

2

In subsection (1) after the definition of “associate” insert—

  • “authorised business overdraft agreement” means a debtor-creditor agreement which provides authorisation in advance for the debtor to overdraw on a current account, where the agreement is entered into by the debtor wholly or predominantly for the purposes of the debtor’s business (see subsection (2A));

  • “authorised non-business overdraft agreement” means a debtor-creditor agreement which provides authorisation in advance for the debtor to overdraw on a current account where—

    1. a

      the credit must be repaid on demand or within three months, and

    2. b

      the agreement is not entered into by the debtor wholly or predominantly for the purposes of the debtor’s business (see subsection (2A));

3

After subsection (2) insert—

2A

For the purpose of the definitions of “authorised business overdraft agreement” and “authorised non-business overdraft agreement” subsections (2) to (5) of section 16B (declaration by the debtor as to the purposes of the agreement) apply.