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Section 29 Reverse share transfer ordersI1I2

United Kingdom

(1)

This section applies where the Treasury have made a share transfer order in accordance with section 13(2) (“the original order”) providing for the transfer of securities issued by a bank to a person (“the original transferee”).

(2)

The Treasury may make one or more reverse share transfer orders in respect of securities issued by the bank and held by the original transferee (whether or not they were transferred by the original order).

(3)

If the Treasury makes an onward share transfer order in respect of securities transferred by the original order, the Treasury may make one or more reverse share transfer orders in respect of F1securities issued by the bank and held by a transferee under the onward share transfer order (“the onward transferee”).

(4)

A reverse share transfer order is a share transfer order which—

(a)

provides for transfer to the transferor under the original order (where subsection (2) applies);

(b)

provides for transfer to the original transferee (where subsection (3) applies);

(c)

makes other provision for the purposes of, or in connection with, the transfer of securities which are, could be or could have been transferred under paragraph (a) or (b).

(4A)

F2The Treasury must not make a reverse share transfer order under subsection (3) unless—

(a)

the onward transferee is—

(i)

a company wholly owned by the Bank of England,

(ii)

a company wholly owned by the Treasury, or

(iii)

a nominee of the Treasury, or

(b)

the reverse share transfer order is made with the written consent of the onward transferee.

(5)

Sections 7, 9 and 51 do not apply to a reverse share transfer order (but it is to be treated in the same way as any other share transfer order for all other purposes including for the purposes of the application of a power under this Part).

(6)

Before making a reverse share transfer order the Treasury must consult—

(a)

F3the PRA,

(aa)

the FCA, and

(b)

the Bank of England.

(7)

Section 27 applies where the Treasury have made a reverse share transfer order.

Annotations

Textual amendments

F1

Words in s. 29(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 97(3)(a), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F2

S. 29(4A) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 97(3)(b), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F3

S. 29(6)(a)(aa) substituted for s. 29(6)(a) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 17 para. 17 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F4

Word in s. 29 heading inserted (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 10(2)

Commencement

I1

S. 29 in force at 17.2.2009 for specified purposes by S.I. 2009/296, arts. 2, 3, Sch. para. 1

I2

S. 29 in force at 21.2.2009 in so far as not already in force by S.I. 2009/296, arts. 2, 3, Sch. para. 1