# The Financial Market Infrastructure Administration (England and Wales) Rules 2018, Article 3: Contents of application for an FMI administration order


(1) An FMI administration application by the Bank of England must be headed “FMI administration application” and immediately below the heading must—
(a) identify the infrastructure company to which it relates; and
(b) indicate whether the infrastructure company is—
(i) the operator of a recognised payment system;
(ii) the operator of a securities settlement system; or
(iii) a designated service provider which provides services to an operator falling within paragraph (i) or (ii).
(2) The FMI administration application must contain—
(a) the full name and any trading name of the infrastructure company;
(b) the address of the infrastructure company’s registered office;
(c) any address for service of which the infrastructure company has notified the Bank;
(d) an email address for the infrastructure company;
(e) if the company is registered under the Companies Act 2006, a statement—
(i) specifying any issued and called-up share capital, the number of shares into which the capital is divided, the nominal value of each share and the amount of capital paid up or treated as paid up; or
(ii) that the infrastructure company is a company limited by guarantee;
(f) particulars of the principal business carried on by the infrastructure company;
(g) a statement whether the infrastructure company is an Article 1.2 undertaking;
(h) a statement whether the FMI administration will be main, secondary, territorial or non-EC proceedings, and that the reasons for the statement are set out in the witness statement in support of the application made under rule 5;
(i) a statement either—
(i) that for the reasons set out in the witness statement the Bank believes that the infrastructure company is, or is likely to be, unable to pay its debts; or
(ii) that on a petition presented by the Secretary of State under section 124A of the 1986 Act (petition for winding up on grounds of public interest), it would be just and equitable (disregarding the objective of the FMI administration) to wind up the infrastructure company;
(j) the name and address of the person (or persons) nominated for appointment as FMI administrator;
(k) the address for service of the Bank; and
(l) a statement that the Bank requests the court—
(i) to make an FMI administration order;
(ii) to appoint as the FMI administrator the person (or persons) nominated for appointment;
(iii) to make such ancillary order as the Bank may request and such other order as the court thinks appropriate.
(3) The application must be authenticated by the Bank or the Bank’s solicitor and dated.

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Source: https://www.legislation.gov.uk/uksi/2018/833/article/3 (the official version)
Page: https://openlegislation.uk/financial-market-infrastructure-administration-england-and-wales-rules-2018/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.