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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 15 July 2015 - onwards
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Regulation 26 Reorganisation measure or winding-up proceedings not to affect third parties' rights in rem

(1) The imposition of a reorganisation measure, or the commencement of winding-up proceedings, in respect of a institution does not affect the rights in rem of creditors or third parties in respect of tangible or intangible, movable or immovable assets (whether they are specific assets or collections of indefinite assets as a whole which change from time to time) belonging to the institution if the assets are located in another Member State when the measure is imposed or the proceedings are commenced.

(2) The rights in rem referred to in paragraph (1) are as follows:

(a) the right to dispose of assets or have them disposed of and to obtain satisfaction from the proceeds of or income from those assets, in particular by virtue of a lien or a mortgage;

(b) the exclusive right to have a claim met, in particular a right guaranteed by a lien in respect of the claim or by assignment of the claim by way of a guarantee;

(c) the right to demand the assets from, or to require restitution by, anyo

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