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).