Regulation 10B Objective 1 - transfer of client assets
(1) This regulation applies where -
(a) the administrator, in pursuit of Objective 1 (whether or not also in pursuit of Objective 3) enters into a binding arrangement with another financial institution for the transfer to that institution ("the transferee") of all or some of the property, rights and liabilities of the investment bank; and
(b) for the purposes of that transfer the arrangement includes provision for a transfer of client assets to the transferee or to a person who has undertaken to receive or hold any of the assets to the order of the transferee.
(2) This regulation is subject to the restrictions on partial property transfers in regulations 10C to 10G.
(3) The transfer of client assets which the investment bank has undertaken to hold under a client contract and of relevant rights and liabilities is to have effect in spite of any -
(a) restriction affecting what can or cannot be assigned or transferred by the investment bank (whether generally or by a particular person or particular description of persons);
(b) requirement to give notice to, or obtain the consent (however referred to) of, any person who is party to the client contract; or
(c) entitlement of any person to the return of the assets otherwise than by transfer under the arrangement.