SCHEDULE 3PRESCRIBED MATTERS FOR TRANSFER NOTIFICATION STATEMENTS

Regulation 5

I11

The fact that the board of directors of the society is proceeding to transfer the business of the society to the successor company by board resolution at the direction of the F4appropriate authority.

I22

The procedure for the F5appropriate authority to confirm the transfer, the date for the receipt of written representations and notice of intention to make oral representations and the address to which they should be sent.

I33

The name, head office address and principal objects of the successor company.

Annotations:
Commencement Information
I3

Sch. 3 para. 3 in force at 2.3.1998, see reg. 1

I44

F11

The reasons why the directors of the society and of the successor company are satisfied that there will be no substantial risk that the successor company will not F3have relevant permission.

F22

“Relevant permission” has the meaning given by paragraph 10(2) of Part II of Schedule 1 to these Regulations.

I55

The range and relative importance of the activities of the successor company and any change in those activities or that relative importance intended in consequence of the transfer.

Annotations:
Commencement Information
I5

Sch. 3 para. 5 in force at 2.3.1998, see reg. 1

I66

The structure and activities of any group to which the successor company belongs.

Annotations:
Commencement Information
I6

Sch. 3 para. 6 in force at 2.3.1998, see reg. 1

I77

The directors of the successor company, their interests in the company and in the transfer and their other business interests.

Annotations:
Commencement Information
I7

Sch. 3 para. 7 in force at 2.3.1998, see reg. 1

I88

The auditors of the successor company.

Annotations:
Commencement Information
I8

Sch. 3 para. 8 in force at 2.3.1998, see reg. 1

I99

The proposed vesting date.

Annotations:
Commencement Information
I9

Sch. 3 para. 9 in force at 2.3.1998, see reg. 1

I1010

Either:

a

a summary of the most recently published and audited balance sheet of the society and its connected undertakings (which must not relate to a period ended more than twelve months prior to the date of the transfer notification statement), or

b

if such a balance sheet is not available, the audited financial position of the society and its connected undertakings at the most reasonably practicable date and in any case not more than six months prior to the date of the transfer notification statement and the opinion of the society’s auditor, or of some other person qualified to be the auditor of the society pursuant to paragraph 5 of Schedule 11 (Auditors: Appointment, Tenure, Qualifications) to the Act as to the statement of the financial position.

Annotations:
Commencement Information
I10

Sch. 3 para. 10 in force at 2.3.1998, see reg. 1

I1111

Either:

a

a summary of the most recently published and audited balance sheet of the successor company and any group to which it belongs (which must not relate to a period ended more than twelve months prior to the date of the transfer notification statement), or

b

if such a balance sheet is not available, the audited financial position of the successor company and any group to which it belongs at the most reasonably practicable date and in any case not more than six months prior to the date of the transfer notification statement and the opinion of the successor company’s auditor, or of some other person qualified to be the auditor of the successor company as to the statement of the financial position.

Annotations:
Commencement Information
I11

Sch. 3 para. 11 in force at 2.3.1998, see reg. 1

I1212

A description of the rights of members of the society to be given up, and the change in the ranking on a winding up of the shares in the society which become deposits with the successor company, following the transfer.

Annotations:
Commencement Information
I12

Sch. 3 para. 12 in force at 2.3.1998, see reg. 1

I1313

Any benefits (if any and whether in the form of a distribution of funds or the conferring of rights in relation to shares in the successor company or otherwise) proposed to be conferred on members of the society in consideration of, or by reason of the transfer.

Annotations:
Commencement Information
I13

Sch. 3 para. 13 in force at 2.3.1998, see reg. 1

I1414

Any benefits (whether in the form of a distribution of funds or the conferring of rights in relation to shares in the successor company or otherwise) proposed to be conferred in consideration of, or by reason of, the transfer, on—

a

members of the society (not being persons referred to in sub-paragraph (b) below);

b

persons receiving benefits by virtue of section 102B of the Act; and

c

other persons,

giving for each of those categories—

i

the aggregate value of the benefits to be conferred on persons falling within the category: and

ii

the percentage which that value represents of the value of all the benefits to be conferred.

Annotations:
Commencement Information
I14

Sch. 3 para. 14 in force at 2.3.1998, see reg. 1

I1515

The amount of the statutory cash bonus and the conditions for its payment.

Annotations:
Commencement Information
I15

Sch. 3 para. 15 in force at 2.3.1998, see reg. 1

I1616

Any changes in the terms on which the investments of the members of the society will be held as deposits with the successor company.

Annotations:
Commencement Information
I16

Sch. 3 para. 16 in force at 2.3.1998, see reg. 1

I1717

Any changes in the terms on which loans by the society will be held as loans by the successor company.

Annotations:
Commencement Information
I17

Sch. 3 para. 17 in force at 2.3.1998, see reg. 1

I1818

The extent to which any statutory protection scheme that will apply in relation to deposits with the successor company will differ from that applying to investments in the society.

Annotations:
Commencement Information
I18

Sch. 3 para. 18 in force at 2.3.1998, see reg. 1

I1919

a

The extent to which any scheme for handling complaints by customers of the successor company will differ from that applying to complaints by members of the society and customers of the society and its connected undertakings; and

b

the arrangements for handling complaints by members of the society and customers of the society and its connected undertakings—

i

made but not resolved by the vesting date; and

ii

made on or after the vesting date in respect of services provided by the society and its connected undertakings prior to the vesting date.

Annotations:
Commencement Information
I19

Sch. 3 para. 19 in force at 2.3.1998, see reg. 1

I2020

The interest of the directors and other officers of the society in the transfer including their interests in the society and its connected undertakings and interests and prospective interests in the successor company and any member of its group.

Annotations:
Commencement Information
I20

Sch. 3 para. 20 in force at 2.3.1998, see reg. 1

I2121

The compensation or other consideration (if any) proposed to be paid to or in respect of, or to be receivable by or in respect of, the directors and other officers of the society attributable to the transfer.

Annotations:
Commencement Information
I21

Sch. 3 para. 21 in force at 2.3.1998, see reg. 1

I2222

The manner in which the salary, fees, borrowing rights and other benefits of directors and other officers of the society to be appointed to any position by the successor company and any member of its group will be affected by such appointment.

Annotations:
Commencement Information
I22

Sch. 3 para. 22 in force at 2.3.1998, see reg. 1

I2323

Any benefits (whether in the form of a distribution of funds or the conferring of rights in relation to shares in the successor company or otherwise) proposed to be conferred on the directors and other officers of the society.

Annotations:
Commencement Information
I23

Sch. 3 para. 23 in force at 2.3.1998, see reg. 1

I2424

Any terms of the transfer agreement providing for its termination or providing conditions precedent to the completion of the transfer.

Annotations:
Commencement Information
I24

Sch. 3 para. 24 in force at 2.3.1998, see reg. 1

I2525

The acceptance of responsibility by each of the directors of the society and by each of the directors of the successor company for the content of the transfer statement.