Rule 12 Bank of England witness statementI1

certifying that the conditions for applying for a building society special administration order, set out in section 143 of the Banking Act 2009, are met in respect of the society,

stating the society’s current financial position to the best of the Bank of England’s knowledge and belief (including actual, contingent and prospective assets and liabilities),

specifying any security which the Bank of England knows or believes to be held by a creditor of the building society,

specifying whether any security confers power to appoint an administrative receiver (and whether an administrative receiver has been appointed),

specifying any insolvency proceedings which have been instituted in respect of the society (including any process notified to the F1FCA and where relevant the PRA under section 90D of the Building Societies Act 1986^f1),

giving details of the property transfer instrument which the Bank of England has made or intends to make in respect of the society,

where the property transfer instrument has not yet been made, explaining what effect it is likely to have on the society’s financial position,

specifying how functions are to be apportioned where more than one person is to be appointed as building society special administrator (stating, in particular, whether functions are to be exercisable jointly or concurrently), and

including any other material which the Bank of England thinks may help the court to decide whether to make the special administration order.