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UK Financial Services Law
Legislation (UK)
Statutory Instruments
2004
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Table of Contents
Table of Contents
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Insurers (Reorganisation and Winding Up) Regulations 2004 [SI 2004 No. 353]
Introductory Text
Part I General (regs. 1-3)
Regulation 1 Citation and Commencement
Regulation 2 Interpretation
Regulation 3 Scope
Part II Insolvency Measures and Proceedings: Jurisdiction in Relation to Insurers (regs. 4-7)
Regulation 4 Prohibition against winding up etc. EEA insurers in the United Kingdom
Regulation 5 Schemes of arrangement: EEA insurers
Regulation 6 Reorganisation measures and winding up proceedings in respect of EEA insurers effective in the United Kingdom
Regulation 7 Confirmation by the court of a creditors' voluntary winding up
Part III Modifications of the Law of Insolvency: Notification and Publication (regs. 8-16)
Regulation 8 Modifications of the law of insolvency
Regulation 9 Notification of relevant decision to the FCA and, if the insurer is a PRA-authorised person, the PRA
Regulation 10 Notification of relevant decision to EEA regulators
Regulation 11 Publication of voluntary arrangement, administration order, winding up order or scheme of arrangement
Regulation 12 Notification to creditors: winding up proceedings
Regulation 13 Submission of claims by EEA creditors
Regulation 14 Reports to creditors
Regulation 15 Service of notices and documents
Regulation 16 Disclosure of confidential information received from an EEA regulator
Part IV Priority of Payment of Insurance Claims in Winding Up etc. (regs. 17-33)
Regulation 17 Interpretation of this Part
Regulation 18 Application of regulations 19 to 27
Regulation 19 Application of this Part: certain assets excluded from insolvent estate of UK insurer
Regulation 20 Preferential debts: disapplication of section 175 of the 1986 Act or Article 149 of the 1989 Order
Regulation 21 Preferential debts: long term insurers and general insurers
Regulation 22 Composite insurers: preferential debts attributable to long term and general business
Regulation 23 Preferential debts: long term business of a non-transferring composite insurer
Regulation 24 Preferential debts: general business of a composite insurer
Regulation 25 Insufficiency of long term business assets and general business assets
Regulation 26 Composite insurers: excess of long term business assets and general business assets
Regulation 27 Composite insurers: application of other assets
Regulation 28 Composite insurers: proof of debts
Regulation 28A Composite insurers: seeking decisions from creditors
Regulation 29 Composite insurers: general meetings of creditors
Regulation 30 Composite insurers: apportionment of costs payable out of the assets
Regulation 31 Summary remedy against liquidators
Regulation 32 Priority of subrogated claims by the Financial Services Compensation Scheme
Regulation 33 Voluntary arrangements: treatment of insurance debts
Part V Reorganisation or Winding Up of UK Insurers (regs. 34-47)
Regulation 34 Application of this Part
Regulation 35 Application of this Part: certain assets excluded from insolvent estate of UK insurer
Regulation 36 Interpretation of this Part
Regulation 37 Applicable law in the winding up of a UK insurer
Regulation 38 Employment contracts and relationships
Regulation 39 Contracts in connection with immovable property
Regulation 40 Registrable rights
Regulation 41 Third parties' rights in rem
Regulation 42 Reservation of title agreements etc.
Regulation 43 Creditors' rights to set off
Regulation 44 Regulated markets
Regulation 45 Detrimental acts pursuant to the law of an EEA State
Regulation 46 Protection of third party purchasers
Regulation 47 Lawsuits pending
Part VI Reorganisation or Winding Up of Third Country Insurers (regs. 48-50)
Regulation 48 Interpretation of this Part
Regulation 49 Application of these Regulations to a third country insurer
Regulation 50 Disclosure of confidential information: third country insurers
Part VII Revocation and Amendments (regs. 51-53)
Regulation 51 Amendment of the Insurers (Winding Up) Rules 2001 and the Insurers (Winding Up)(Scotland) Rules 2001
Regulation 52 Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) Order 2002
Regulation 53 Revocation and Transitional
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https://service.betterregulation.com/document/339958
Insurers (Reorganisation and Winding Up) Regulations 2004 [SI 2004 No. 353]
Part II Insolvency Measures and Proceedings: Jurisdiction in Relation to Insurers (regs. 4-7)
Regulation 5 Schemes of arrangement: EEA insurers
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Version status:
Omitted
| Document consolidation status:
Updated to reflect all known changes
Version date: 31 December 2020 - onwards
Version 5 of 5
Regulation 5 Schemes of arrangement: EEA insurers
Omitted from 31 December 2020
[deleted]
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