The Oversea Companies and Credit and Financial Institutions (Branch Disclosure) Regulations 1992

Implementation of the Bank Branches Directive.

2.—(1) Before section 700(1) of the principal Act there shall be inserted—

“Credit and financial institutions to which the Bank Branches Directive (89/117/EEC) applies.

699A.— (1) This section applies to any credit or financial institution—

(a) which is incorporated or otherwise formed outside the United Kingdom and Gibraltar,

(b) whose head office is outside the United Kingdom and Gibraltar, and

(c) which has a branch in Great Britain.

(2) Schedule 21C (delivery of accounts and reports) shall have effect in relation to any institution to which this section applies.

(3) In this section—

• “branch”, in relation to a credit or financial institution, means a place of business which forms a legally dependent part of the institution and which conducts directly all or some of the operations inherent in its business;

• “credit institution” means a credit institution as defined in article 1 of the First Council Directive on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (77/780/EEC), that is to say an undertaking whose business is to receive deposits or other repayable funds from the public and to grant credits for its own account;

• “financial institution”means a financial institution within the meaning of Article 1 of the Council Directive on the obligations of branches established in a Member State of credit and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents (the Bank Branches Directive, 89/117/EEC); and

• “undertaking” has the same meaning as in Part VII.

Scope of sections 700 to 703.

669B.   Sections 700 to 703 shall not apply to any institution to which section 699A applies.”(2)

(2) The Schedule set out in Schedule 1 to these Regulations shall be inserted after Schedule 21B to the principal Act(3).

(1)

Section 700 as substituted by section 23 of, and paragraph 13 of Schedule 10 to, the Companies Act 1989, is in Chapter II of Part XXIII of the principal Act.

(2)

Schedule 21C referred to in this paragraph, is inserted into the principal Act by Schedule 1 to these Regulations. “Undertaking”, as referred to in this paragraph, is defined in section 259 of the principal Act, as inserted by section 22 of the 1989 Act.

(3)

Schedule 21B is inserted into the principal Act by paragraph 5 of Schedule 2 to these Regulations.