Date-stamp loading
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 28 October 2011 - onwards
  Version 2 of 2    

21. Preconditions for making a proposed transfer order.

(1) The Bank may make a proposed transfer order in relation to an authorised credit institution, or a subsidiary or holding company of an authorised credit institution, if it decides that -

(a) the intervention conditions are fulfilled in relation to that credit institution, and

(b) having regard to any adverse consequences that may arise as a result of the transfer order, in relation to the interests generally of the creditors of the transferor or, where the transferor is a subsidiary or holding company, in relation to the interests generally of the creditors of the transferor or the authorised credit institution concerned, a transfer order is necessary in all the circumstances to address one or more of the reasons for those intervention conditions being fulfilled.

(2) Nothing in subsection (1) (b) requires the Bank to consider the possible adverse consequences of the transfer order concerned on the interests of a particular creditor or class of creditors of the transferor or authoris

Comparing proposed amendment...