Date-stamp loading
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2016 - onwards
  Version 3 of 3    

Regulation 286 Rights in rem of third parties

(1) The commencement of reorganisation measures or winding-up proceedings shall 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 insurance undertaking which are situated within the territory of a Member State other than the home Member State at the time of the commencement of the measures or proceedings.

(2) The rights in rem referred to in paragraph (1) include -

(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, anyon

Comparing proposed amendment...