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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 8 December 2017 - onwards
Version 2 of 2

Regulation 48 Segregation within a protected cell company

(1) The assets held by a protected cell company on behalf of a part of the protected cell company may not be used to discharge -

(a) a liability or obligation incurred on behalf of, or attributable to, another part of the protected cell company; or

(b) a claim brought in respect of another part of the protected cell company.

(2) A liability or obligation incurred on behalf of, or attributable to, a part of a protected cell company is to be discharged solely out of the assets held by the protected cell company on behalf of that part.

(3) A claim which a person has against a protected cell company in respect of a part of the protected cell company may not be set off or netted against a claim which the protected cell company has against that person in respect of another part of the protected cell company.

(4) A provision, whether contained in the instrument of incorporation, a contract or otherwise, is void to the extent that it is inconsistent with paragraphs (1) to (3).