Microsoft Word Legal Guidance Note final docx
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Legal Guidance Note Oct10
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- Delegation of decisions to officials
Example: Macedonia’s Public Debt
Law 2005 allows the Ministry to use, ‘financial derivatives with the purpose of eliminating or reducing financial risks’. (Article 11) 15 legislation, it would be useful to state that the registered owner of the security in the book-entry system has full legal title. d) In relation to guarantees, the minister must have powers to raise charges for the guarantee (which might be risk-related). A provision may be included specifying how such receipts are brought to account or managed if held in a fund. e) The minister’s powers should also include the ability to on-lend any loan or sums raised and to set the terms and conditions of any on- lending (equally if any guarantee is called, the beneficiary must be under an obligation to repay the sums paid by the government and all related expenses. Whether that obligation is statutory or contractual is for consideration; if statutory the minister should have the flexibility to decide on the terms of repayment). f) Powers in relation to on-lending and guarantees should include a scrutiny power for the MoF, to avoid the government being exposed to a failure to pay. This should include for example public-private partnerships where the balance of risk sharing is often obscure. g) The ministry or debt managers should also have powers to invest (at least extending to temporary short-term cash). The legislation could indicate the range of instruments. 48. Delegation of decisions to officials. Unless it is already provided for in common law (as it is in the UK), it should be clear that the minister is able to delegate decisions to officials. This however does not abrogate the minister’s ultimate responsibility for borrowing decisions. The minister should also have the powers to appoint agents (e.g. the central bank). References to such delegations are usually found in secondary legislation. 49. Download 158.87 Kb. Do'stlaringiz bilan baham: |
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