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The Electronic Money Regulations 2011
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The Electronic Money Regulations 2011, Section 22 is up to date with all changes known to be in force on or before 30 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 22:
- Regulations power to amend conferred by 2021 c. 22 s. 23
- Regulations revoked by 2023 c. 29 Sch. 1 Pt. 2
Safeguarding option 2U.K.
This section has no associated Explanatory Memorandum
22.—(1) An electronic money institution must ensure that—
(a)any relevant funds are covered by—
(i)an insurance policy with an authorised insurer;
(ii)a [F1comparable] guarantee from an authorised insurer; or
(iii)a [F2comparable] guarantee from an authorised credit institution; and
(b)the proceeds of any such insurance policy or guarantee are payable upon an insolvency event into a separate account held by the electronic money institution which must—
(i)be designated in such a way as to show that it is an account which is held for the purpose of safeguarding relevant funds in accordance with this regulation; and
(ii)be used only for holding such proceeds [F3, or for holding those proceeds together with funds or assets held in accordance with regulation 21(3)].
(2) No person other than the electronic money institution may have any interest or right over the proceeds placed in an account in accordance with paragraph (1)(b) except as provided by this regulation.
(3) In this regulation—
“authorised credit institution” has the same meaning as in regulation 21;
“authorised insurer” means a person authorised for the purposes of the 2000 Act to effect and carry out a contract of general insurance as principal F4..., other than a person in the same group as the electronic money institution;
[F5“electronic money institution special administration” has the same meaning as in the Payment and Electronic Money Institution Insolvency Regulations 2021 (see regulation 4(3));]
“insolvency event” means any of the following procedures in relation to an electronic money institution—
(a)
the making of a winding-up order;
(b)
the passing of a resolution for voluntary winding-up;
(c)
the entry of the institution into administration;
(d)
the appointment of a receiver or manager of the institution's property;
(e)
the approval of a proposed voluntary arrangement (being a composition in satisfaction of debts or a scheme of arrangement);
(f)
the making of a bankruptcy order;
(g)
in Scotland, the award of sequestration;
(h)
the making of any deed of arrangement for the benefit of creditors or, in Scotland, the execution of a trust deed for creditors;
(i)
the conclusion of any composition contract with creditors;
(j)
the making of an insolvency administration order or, in Scotland, the execution of a trust deed for creditors;
(k)
the conclusion of any composition contract with creditors; F6...
(l)
the making of an insolvency administration order or, in Scotland, sequestration, in respect of the estate of a deceased person [F7;
(m)
the entry of the institution into payment institution special administration; or
(n)
the entry of the institution into investment bank special administration.]
[F5“investment bank special administration” has the same meaning as in the Investment Bank Special Administration Regulations 2011 (see regulation 3(1) of those Regulations).]
Textual Amendments
F1Word in reg. 22(1)(a)(ii) inserted (13.8.2017 for specified purposes, 13.10.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(2)(c)(iii)(3)(f)(i)(6), Sch. 8 para. 5(15) (with reg. 3)
F2Word in reg. 22(1)(a)(iii) inserted (13.8.2017 for specified purposes, 13.10.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(2)(c)(iii)(3)(f)(i)(6), Sch. 8 para. 5(15) (with reg. 3)
F3Words in reg. 22(1)(b)(ii) inserted (13.1.2018) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(4), 5(b)
F4Words in reg. 22(3) omitted (31.12.2020) by virtue of The Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1201), reg. 1(3), Sch. 2 para. 8 (with reg. 4, Sch. 3 Pt. 1) (with further transitional provisions in Sch. 3 Pt. 1A as inserted by S.I. 2019/405, regs. 1, 10 and as amended by S.I. 2019/1010, regs. 1(3), 7; S.I. 2019/1212, regs. 1(2), 7 and S.I. 2020/56, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 22(3) inserted (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 4 para. 4(2)(a) (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)
F6Word in reg. 22(3) omitted (8.7.2021) by virtue of The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 4 para. 4(2)(b) (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)
F7Words in reg. 22(3) inserted (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 4 para. 4(2)(b) (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)
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