Section 12ZA Asset management vehicleF1
The third stabilisation option is to transfer all or part of the business of—
the bank, or
a bridge bank to which shares or property, rights or liabilities of the bank have been transferred under section 12,
to an asset management vehicle.
An “asset management vehicle” is an undertaking which—
is wholly or partially owned (directly or indirectly) by the Bank of England or the Treasury,
is controlled by the Bank of England, and
is created for the purpose of receiving some or all of the assets, rights and liabilities of one or more banks or of one or more bridge banks (or both).
For the purpose of subsection (1) the Bank of England may make one or more property transfer instruments.
An asset management vehicle must manage the assets transferred to it with a view to maximising their value through eventual sale or orderly wind down.
The code of practice under section 5 must include provision about the management and control of asset management vehicles including, in particular, provision about—
setting objectives,
the content of the articles of association,
the content of reports under section 80(1),
different arrangements for management and control at different stages, and
eventual disposal.
Where property, rights or liabilities are transferred to an asset management vehicle pursuant to the third stabilisation option, the Bank of England may make one or more supplemental property transfer instruments transferring any of that property, or those rights or liabilities, to one or more other asset management vehicles.
Annotations
Textual amendments
- F1
S. 12ZA inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 19
Notes on Part 1
Modifications
- C1
Pt. 1 restricted (7.1.2010) by Banking Act 2009 (Exclusion of Insurers) Order 2010 (S.I. 2010/35), arts. 1, 2
- C2
Pt. 1: power to amend conferred (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 17(3)(f), 148(5); S.I. 2014/377, art. 2(1)(b), Sch. Pt. 2
Notes on Chapter 3
Textual amendments
- F1
Pt. 1 Ch. 3 formed from ss. 4-83 (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 7