The Uncertificated Securities Regulations 1992

Service of process on participants and the Operator

64.—(1) Subject to the provisions of paragraph (5), this regulation has effect in relation to any notice, direction or other document required or authorised by or under these Regulations, or any process in connection with the performance of functions under these Regulations, to be served on any person other than the Secretary of State.

(2) Any such document may be given to or served on the person in question:

(a) by delivering it to him;

(b) by leaving it at his proper address; or

(c) by sending it by post to him at that address.

(3) Any such document may:

(a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;

(b) in the case of a partnership, be given to or served on any partner;

(c) in the case of an unincorporated association other than a partnership, be given to or served on any member of the governing body of the association.

(4) For the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, the proper address of any person other than a con-troller, an approved person or the Operator is his last known address (whether of his residence or a place where he carries on business or is employed) and, in the case of a controller, an approved person or the Operator is the address applicable under the following provisions:

(a) the address of any person whose name is listed (as a person on whom service may be effected in respect of the relevant jurisdiction) against the name of the controller or approved person concerned or (as the case may be) the Operator;

(b) (in the case of the Operator) an address listed for the Operator (as an address on which service may be effected in respect of the relevant jurisdiction), in the appropriate list. For this purpose the—appropriate list is:

(i) in the case of a company controller, that maintained by the company under regulation 9(6);

(ii) in the case of an approved person, that maintained by the Operator under regulation 56(3);

(iii) in the case of commercial controllers, that maintained by the Operator under regulation 56(1); or

(iv) in the case of the Operator, that maintained by the Operator under regulation 56(1) and 63;

and a list is to be treated as being the appropriate list if it was available for inspection or (as the case may be) a copy was provided under those regulations on the date of service or on any day during the period of 5 working days prior to that date.

(5) Where the Operator has appointed an agent or place of business under regulation 63 which is noted in the list maintained by the Operator under regulation 56(1), service of process in connection with the performance of its functions under these Regulations may only be effected by service under paragraph (4) (unless the copy of that list supplied to the person serving the process did not contain reference to the appointment of the agent or place of business).

(6) If at any time the person whose name is so listed with respect to a commercial con-troller or approved person is dead or ceases to exist or has moved from the address listed or refuses to accept service on behalf of the commercial controller or approved person, service on the commercial controller or approved person may in addition be effected at a place of business of, or the registered office of, the Operator (subject to paragraph (5)) on which service may be effected under the law of the jurisdiction concerned or at the address of a person listed (in the list referred to in regulation 56(1)) for that jurisdiction as being appointed by the Operator to accept service on its behalf.

(7) If at any time the person whose name is so listed with respect to a company controller is dead or ceases to exist or has moved from the address listed or refuses to accept service on behalf of the controller, service on the controller may in addition be effected at the registered office of the company.