Banking Act 1987 (repealed)

79 Duty to provide information and documents. E+W+S

(1) The [F1 Authority] may by notice in writing require any overseas institution which has established a representative office in the United Kingdom or has given notice to the [F1 Authority] under section 75(1) above of its intention to establish such an office to provide the [F1 Authority] with such information or documents as the [F1 Authority] may reasonably require.

(2) Without prejudice to the generality of subsection (1) above, the [F1 Authority] may by notice in writing require such an overseas institution to deliver to the [F1 Authority]—

(a) in the case of an overseas institution which is a company incorporated in the United Kingdom, copies of the documents which the company is required to send to the registrar of companies under section 10 of the Companies Act 1985 or Article 21 of the Companies (Northern Ireland) Order 1986;

[F2 (aa) in the case of an overseas institution to which section 690A of that Act applies, copies of the documents which it is required to deliver for registration in accordance with paragraph 1(1) or (2) of Schedule 21A of that Act;]

(b) in the case of an overseas institution to which section 691(1) of that Act or Article 641(1) of that Order applies, copies of the document which it is required to deliver for registration in accordance with that section or Article;

(c) in the case of any other overseas institution (other than an individual), information corresponding to that which would be contained in the documents which it would be required to deliver as mentioned in paragraph (b) above if it were a company to which section 691(1) applied;

(d) in the case of an overseas institution which is authorised to take deposits or conduct banking business in a country or territory outside the United Kingdom by the relevant supervisory authority in that country or territory, a certified copy of any certificate from that authority conferring such authorisationon it.

(3) An overseas institution to which a notice is given under subsection (1) or (2) above shall comply with the notice—

(a) in the case of an institution which has established a representative office in the United Kingdom, before the end of such period as is specified in the notice; and

(b) in the case of an institution which has given notice under section 75(1) above of its intention to establish such an office, before it establishes the office.

(4) If at any time an overseas institution which has been required to deliver information or documents to the [F1 Authority] under subsection (2) above is required to deliver any document or give notice to the registrar of companies under section 18 or 288(2) of the said Act of 1985 or Article 29 or 296(2) of the said Order of 1986, it shall no later than the time by which it must have complied with that requirement deliver a copy of that document or give notice to the [F1 Authority].

(5) If at any time an overseas institution is required to furnish any document or give notice to the registrar of companies under [F3 section 692, 695A(3) or 696 of, or paragraph 7 or 8 of Schedule 21A to,] the said Act of 1985 or Article 642 or 646 of the said Order of 1986 (or would be so required if it were a company to which [F4 that section, paragraph or Article applied)], it shall no later than the time by which it must have complied with that requirement deliver a copy of that document to the [F1 Authority].

(6) If at any time a certificate of authorisation of which a copy was required to be delivered to the [F1 Authority] under subsection (2)(d) above is amended or the authorisation is withdrawn, the overseas institution shall no later than one month after the amendment or withdrawal deliver a copy of the amended certificate or, as the case may be, a notice stating that the authorisation has been withdrawn to the [F1 Authority].

(7) The Treasury may after consultation with the [F1 Authority] by order provide that sections 39 and 40 above shall apply in relation to overseas institutions as they apply in relation to authorised institutions; but no order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Extent Information

E1 This version of this provision extends to England, Wales and Scotland; a separate version has been created for Northern Ireland.

Textual Amendments

F1 Words in s. 79 substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. I Ch. I para. 17; S.I. 1998/1120, art. 2

F2 S. 79(2)(aa) inserted (E.W.S.) (1.1.1993) by S.I 1992/3179, reg. 4, Sch. 3 para. 10(2).

F3 Words in s. 79(5) substituted (E.W.S.) (1.1.1993) by S.I. 1992/3179, reg. 4, Sch. 3 para. 10(3)(a).

F4 Words in s. 79(5) substituted (E.W.S.) (1.1.1993) by S.I. 1992/3179, reg. 4, Sch. 3 para. 10(3)(b).

79 Duty to provide information and documents. N.I.

(1) The [F5 Authority] may by notice in writing require any overseas institution which has established a representative office in the United Kingdom or has given notice to the [F5 Authority] under section 75(1) above of its intention to establish such an office to provide the [F5 Authority] with such information or documents as the [F5 Authority] may reasonably require.

(2) Without prejudice to the generality of subsection (1) above, the [F5 Authority] may by notice in writing require such an overseas institution to deliver to the [F5 Authority]—

(a) in the case of an overseas institution which is a company incorporated in the United Kingdom, copies of the documents which the company is required to send to the registrar of companies under section 10 of the Companies Act 1985 or Article 21 of the Companies (Northern Ireland) Order 1986;

[F6 (aa) in the case of an overseas institution to which section 690A of that Act or Article 640A of that Order applies, copies of the documents which it is required to deliver for registration in accordance with paragraph 1(1) or (2) of Schedule 21A to that Act or paragraph 1(1) or (2) of Schedule 20A to that Order,]

(b) in the case of an overseas institution to which section 691(1) of that Act or Article 641(1) of that Order applies, copies of the document which it is required to deliver for registration in accordance with that section or Article;

(c) in the case of any other overseas institution (other than an individual), information corresponding to that which would be contained in the documents which it would be required to deliver as mentioned in paragraph (b) above if it were a company to which section 691(1) applied;

(d) in the case of an overseas institution which is authorised to take deposits or conduct banking business in a country or territory outside the United Kingdom by the relevant supervisory authority in that country or territory, a certified copy of any certificate from that authority conferring such authorisationon it.

(3) An overseas institution to which a notice is given under subsection (1) or (2) above shall comply with the notice—

(a) in the case of an institution which has established a representative office in the United Kingdom, before the end of such period as is specified in the notice; and

(b) in the case of an institution which has given notice under section 75(1) above of its intention to establish such an office, before it establishes the office.

(4) If at any time an overseas institution which has been required to deliver information or documents to the [F5 Authority] under subsection (2) above is required to deliver any document or give notice to the registrar of companies under section 18 or 288(2) of the said Act of 1985 or Article 29 or 296(2) of the said Order of 1986, it shall no later than the time by which it must have complied with that requirement deliver a copy of that document or give notice to the [F5 Authority].

(5) If at any time an overseas institution is required to furnish any document or give notice to the registrar of companies under [F7 section 692, 695A(3) or 696 of, or paragraph 7 or 8 of Schedule 21A to the said Act of 1985 or Article 642, 645A or 646 of, or paragraph 7 or 8 of Schedule 20A to the said Order of 1986] (or would be so required if it were a company to which [F8 that section, paragraph or Article applied)], it shall no later than the time by which it must have complied with that requirement deliver a copy of that document to the [F5 Authority].

(6) If at any time a certificate of authorisation of which a copy was required to be delivered to the [F5 Authority] under subsection (2)(d) above is amended or the authorisation is withdrawn, the overseas institution shall no later than one month after the amendment or withdrawal deliver a copy of the amended certificate or, as the case may be, a notice stating that the authorisation has been withdrawn to the [F5 Authority].

(7) The Treasury may after consultation with the [F5 Authority] by order provide that sections 39 and 40 above shall apply in relation to overseas institutions as they apply in relation to authorised institutions; but no order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Extent Information

E2 This version of this provision extends to Northern Ireland; a separate version has been created for England, Wales and Scotland.

Textual Amendments

F5 Words in s. 79 substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. I Ch. I para. 17; S.I. 1998/1120, art. 2

F6 S. 79(2)(aa) inserted (8.6.1993) by S.R. 1993/198, reg. 4, Sch. 3 para. 9(2)

F7 Words in s. 79(5) substituted (8.6.1993) by S.R. 1993/198, reg. 4, Sch. 3 para. 9(3)(a)

F8 Words in s. 79(5) substituted (8.6.1993) by S.R. 1993/198, reg. 4, Sch. 3 para. 9(3)(b)