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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 30 June 2011 - onwards
  Version 2 of 2    

Regulation 6 Transfer order and netting to be binding despite insolvency proceedings

(1) A transfer order that has entered a designated system is legally enforceable and binding on participants and third parties even if insolvency proceedings against a participant are commenced if (but only if) the transfer order entered the system before the commencement of the proceedings.

(2) Netting is legally enforceable and binding on participants and third parties even if insolvency proceedings against a participant are commenced if (but only if) the transfer orders to which the netting relates were entered into the system before the commencement of the proceedings.

(3) Paragraphs (1) and (2) have effect even in the case of insolvency proceedings against a participant in an interoperable system or against the system operator of an interoperable system which is not a participant.

(4) If

(a) a transfer order entered a designated system after the commencement of insolvency proceedings against a participant in the system, and

(b) the order is executed on the business day on which th

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