C1C2Part 1Special Resolution Regime

Annotations:
Modifications etc. (not altering text)

F1Chapter 7General provisions

Annotations:
Amendments (Textual)

89KInsolvency Proceedings

1

If —

a

a stabilisation power has been exercised in respect of a relevant firm, or

b

the conditions in section 7 are met in relation to a relevant firm,

insolvency proceedings may not be commenced in relation to that firm except by, or with the consent of, the Bank of England.

2

For the purposes of subsection (1), the commencement of insolvency proceedings means—

a

making an application for an administration order;

b

presenting a petition for winding up;

c

proposing a resolution for voluntary winding up;

d

appointing an administrator.

3

In this section—

a

“relevant firm” means—

i

a bank, building society, investment firm, financial holding company, mixed financial holding company or a mixed activity holding company, or

ii

a financial institution which is a subsidiary undertaking of an entity within sub-paragraph (i);

b

“building society” has the meaning given in the Building Societies Act 1986;

c

“financial holding company” has the meaning given in Article 4.1(2) of the capital requirements regulation;

d

“financial institution” has the meaning given in Article 4.1(26) of the capital requirements regulation;

e

“mixed activity holding company” has the meaning given in Article 4.1(22) of the capital requirements regulation;

f

“mixed financial holding company” has the meaning given in Article F24.1(21) of the capital requirements regulation.