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  4. 2004
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  1. European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations, 2004 [S.I. No. 198 of 2004]
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Version status: Revoked | Document consolidation status: Updated to reflect all known changes
Published date: 4 May 2004

European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations, 2004 [S.I. No. 198 of 2004]

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