Explanatory Note
(This note is not part of the Regulations)
These Regulations provide for a new special administration regime for investment banks (as defined in section 232 of the Banking Act 2009 (c. 1)).
Regulation 3 gives an overview of the new regime.
Regulation 4 provides for the appointment of an administrator by special administration order.
Regulation 5 prescribes those who may apply to the court for a special administration order.
Regulation 6 sets out the grounds under which an application for a special administration order may be made.
Regulation 7 sets out the powers of the court when faced with an application for a special administration order.
Regulation 8 sets out 4 conditions that must be fulfilled before an investment bank can be put into other insolvency proceedings.
Regulation 9 provides that Schedules 1 and 2 apply where the investment bank is a deposit-taker.
Regulation 10 sets out the 3 special administration objectives and the duty on the administrator to achieve the objectives.
Regulation 11 (in respect of the first special administration objective) gives the administrator a power to set a bar date for the submission of claims over the client assets held by the investment bank, and provides for the treatment of claims received after the bar date and after a distribution of assets has taken place.