PART 4Protected Cell Companies

CHAPTER 5Operation of a protected cell company

Creation of a cell59.

(1)

The time and date on which a cell is created by the protected cell company is to be determined in accordance with the provisions of the protected cell company's instrument of incorporation.

(2)

A protected cell company must notify the FCA when it creates a cell.

(3)

The notification must state—

(a)

the name or number of the cell; and

(b)

the time and date when the cell was created.

(4)

A protected cell company may not create a cell if the core of the protected cell company is in administration or liquidation (see regulation 167).

(5)

This regulation does not apply when a cell is deemed to have been created as a result of a Case 1 transfer scheme (within the meaning given by regulation 170).