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Regulation 13 Financial collateral arrangements to be enforceable where collateral-taker not aware of commencement of winding-up proceedings or reorganisation measures

United Kingdom

(1)

Where any of the events specified in paragraph (2) occur on the day of, but after the moment of commencement of, winding-up proceedings or reorganisation measures those events, arrangements and obligations shall be legally enforceable and binding on third parties if the collateral-taker can show that he was not aware, nor should have been aware, of the commencement of such proceedings or measures.

(2)

The events referred to in paragraph (1) are—

(a)

a financial collateral arrangement coming into existence;

(b)

a relevant financial obligation secured by a financial collateral arrangement coming into existence; or

(c)

the delivery, transfer, holding, registering or other designation of financial collateral so as to be in the possession or under the control of the collateral-taker.

(3)

For the purposes of paragraph (1)—

(a)

the commencement of winding-up proceedings means the making of a winding-up order F1or, in the case of a Scottish partnership, the award of sequestration by the court; and

(b)

commencement of reorganisation measures means the appointment of an administrator, whether by a court or otherwise F2or, in the case of a Scottish partnership, the date of registration of a protected trust deed.

Annotations

Textual amendments

F1

Words in reg. 13(3)(a) inserted (6.4.2011) by The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 4(11)(a) (with reg. 3)

F2

Words in reg. 13(3)(b) inserted (6.4.2011) by The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 4(11)(b) (with reg. 3)