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  1. European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011 [S.I. No. 48 of 2011]
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 4 February 2011

European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011 [S.I. No. 48 of 2011]

Consolidation Status: Updated to reflect all known changes
Comparing proposed amendment...
Introductory Text
Part 1 Preliminary (regs. 1-4)
In force
 Regulation 1 Citation and commencement
In force
 Regulation 2 Interpretation
In force
 Regulation 3 Purpose of these Regulations
In force
 Regulation 4 Institutions to which these Regulations apply
Part 2 Reorganisation measures (regs. 5-11)
In force
 Regulation 5 What law applies to institution in respect of which reorganisation measure is imposed
In force
 Regulation 6 Administrative and judicial authorities of the State to have jurisdiction over reorganisation measures relating to branches of authorised institutions
In force
 Regulation 7 Certain decisions of administrative and judicial authorities of other Member States to be recognised in the State
In force
 Regulation 8 Administrative and judicial authorities and Bank to provide information with respect to reorganisation measures
In force
 Regulation 9 Extract relating to reorganisation measure to be published in Official Journal and in national newspapers
In force
 Regulation 10 Duty to notify known creditors and right to lodge claims
In force
 Regulation 11 Obligations in respect of institution having their head offices outside European Union
Part 3 Winding-up proceedings (regs. 12-24)
In force
 Regulation 12 What law applies to winding up of institution
In force
 Regulation 13 Administrative and judicial authorities of the State to have jurisdiction over winding-up proceedings relating to branches of authorised institutions
In force
 Regulation 14 Certain decisions of administrative and judicial authorities of other Member States to be recognised in the State
In force
 Regulation 15 Administrative and judicial authorities and Bank to provide information with respect to winding-up proceedings
In force
 Regulation 16 Consultation of competent authorities before voluntary winding up
In force
 Regulation 17 Withdrawal of a institution's authorisation
In force
 Regulation 18 Liquidator to arrange for publication of decision to wind up authorised institution
In force
 Regulation 19 Liquidator to provide information to certain known creditors of authorised institution
In force
 Regulation 20 Honouring of certain obligations by institutions that are neither natural persons or corporations
In force
 Regulation 21 Who has the right to lodge a claim in respect of authorised institution
In force
 Regulation 22 Formal requirements for certain notices, etc.
In force
 Regulation 23 Liquidator to keep creditors informed about the progress of winding up
In force
 Regulation 24 Obligations in respect of institution whose head office is located outside the Member States
Part 4 Provisions common to reorganisation measures and winding-up proceedings (regs. 25-41)
In force
 Regulation 25 Effect of reorganisation measure or winding-up proceedings on certain contracts and rights
In force
 Regulation 26 Reorganisation measure or winding-up proceedings not to affect third parties' rights in rem
In force
 Regulation 27 Reorganisation measure or winding-up proceedings not to affect right to reservation of title to asset
In force
 Regulation 28 Reorganisation measure or winding-up proceedings not to affect right to set-off
In force
 Regulation 29 Enforcement of certain property rights
In force
 Regulation 30 Netting agreement to be governed by law of contract
In force
 Regulation 31 Repurchase agreement to be governed by law of contract
In force
 Regulation 41 Revocation
In force
 Regulation 40 Persons required to receive or divulge information under these Regulations bound by professional secrecy
In force
 Regulation 39 Effect of reorganisation measure or winding-up proceedings on pending legal proceedings relating to institution
In force
 Regulation 38 Validity of certain acts to be governed by law of Member State in which immovable asset located or relevant register, etc., kept
In force
 Regulation 36 Registration in a public register
In force
 Regulation 35 Administrator or liquidator appointed in other Member State empowered to exercise certain powers within the State
In force
 Regulation 34 Administrator or liquidator of authorised institution empowered to exercise powers in other Members States
In force
 Regulation 33 How appointment of administrators and liquidators is to be proved
In force
 Regulation 32 Transactions on regulated market to be governed by law of contract
In force
 Regulation 37 Certain Regulations not to apply with respect to application of rules relating to the voidness, voidability or unenforceability of certain legal acts
Given under
Explanatory Note
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