368 Winding-up petitions: EEA and Treaty firms.U.K.
[F1(1)][F2A regulator] may not present a petition to the court under section 367 for the winding up of—
(a)an EEA firm which qualifies for authorisation under Schedule 3, or
(b)a Treaty firm which qualifies for authorisation under Schedule 4,
unless it [F3or the other regulator] has been asked to do so by the home state regulator of the firm concerned.
[F4(2)If a regulator receives from the home state regulator of a body falling within subsection (1)(a) or (b) a request to present a petition to the court under section 367 for the winding up of the body, it must—
(a)notify the other regulator of the request, and
(b)provide the other regulator with such information relating to the request as it thinks fit.]
Textual Amendments
F1S. 368 renumbered as s. 368(1) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 15(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F2Words in s. 368(1) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 15(3)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F3Words in s. 368(1) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 15(3)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F4S. 368(2) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 15(4) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Modifications etc. (not altering text)
C1S. 368 applied (with modifications) (1.11.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(c), 95, Sch. 5 para. 6 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 155(6)(f) (with Sch. 2 para. 156))
C2S. 368 applied (with modifications) (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(b), 62, Sch. 3 para. 7 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(g))
C3S. 368 applied (with modifications) (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 6 para. 9 (with reg. 3)