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Regulation 30 Composite insurers: apportionment of costs payable out of the assets

United Kingdom

(1)

In the case of the winding up of a non-transferring composite insurer, F1rule 6.42 (general rule as to priority in creditors’ voluntary winding up) or 7.108 (general rule as to priority in winding up by the court) of the Insolvency Rules or Rule 4.228 of the Insolvency Rules (Northern Ireland) (general rules as to priority) or F2rule 7.28 of the Insolvency (Scotland) (Receivership and Winding up) Rules 2018 applies separately to long-term business assets and to the general business assets of that insurer.

(2)

But where any fee, expense, cost, charge, or remuneration does not relate exclusively to the long-term business assets or to the general business assets of that insurer, the liquidator must apportion it amongst those assets in such manner as he shall determine.

Annotations

Textual amendments

F1

Words in reg. 30(1) substituted (23.4.2019) by The Financial Services and Markets (Insolvency) (Amendment of Miscellaneous Enactments) Regulations 2019 (S.I. 2019/755), regs. 1, 4(8)(a)

F2

Words in reg. 30(1) substituted (23.4.2019) by The Financial Services and Markets (Insolvency) (Amendment of Miscellaneous Enactments) Regulations 2019 (S.I. 2019/755), regs. 1, 4(8)(b)

Notes on Part IV

Modifications

C1

Pt. IV applied (with modifications) (10.8.2005) by The Insurers (Reorganisation and Winding Up) (Lloyd's) Regulations 2005 (S.I. 2005/1998), regs. 1, 40(1)-(11) (with reg. 32) (as amended by S.I. 2018/208, regs. 1(3), 10(10) (with reg. 21); S.I. 2019/755, regs. 1, 6(6))