Paragraph 28 Private sector purchaser: marketingI1I2
United Kingdom
Subject to sub-paragraph (4) and (5), the Bank must make arrangements for marketing—
any securities issued by the CCP which the Bank intends to transfer by a share transfer instrument under paragraph 27(2)(a), or
any property, rights or liabilities of the CCP which the Bank intends to transfer by a property transfer instrument under paragraph 27(2)(b).
The arrangements under sub-paragraph (1) must—
be as transparent as possible having regard to the circumstances and the need to maintain financial stability;
ensure there is no conflict of interest;
take account of the need for the Bank to act quickly to address the situation where a CCP is failing or likely to fail;
aim at maximising, as far as possible, the sale price for the property, rights or liabilities involved.
The arrangements under sub-paragraph (1) must not—
materially misrepresent the securities, property, rights or liabilities which the Bank intends to transfer;
favour or discriminate between potential purchasers or grant an unfair advantage to a potential purchaser.
Sub-paragraph (1) does not apply if the Bank considers that complying with that sub-paragraph would undermine one or more of the special resolution objectives.
In particular sub-paragraph (1) does not apply if the Bank considers that—
there is a material threat to financial stability in the United Kingdom arising from or aggravated by the failure or likely failure of the CCP, and
Annotations
Commencement
- I1
Sch. 11 para. 28 not in force at Royal Assent, see s. 86(3)
- I2
Sch. 11 para. 28 in force at 31.12.2023 by S.I. 2023/1382, reg. 8(b)