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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 38 Validity of certain acts to be governed by law of Member State in which immovable asset located or relevant register, etc., kept

If, by an act completed after a reorganisation measure is imposed, or winding-up proceedings are commenced, in respect of a institution, the institution, for a consideration, disposes of -

(a) an immovable asset,

(b) a ship or an aircraft that is registered in a public register, or

(c) transferable or other securities whose existence or transfer presupposes entry in a register or account prescribed by law or that are placed in a central deposit system governed by the law of a Member State,

the validity of the act is to be governed by the law of the Member State in which the asset is located, or the register, account or system is kept. Any question as to whether an asset is immovable or not is to be determined in accordance with the law of the Member State in which the asset is located.

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