Rule 143 Notifying potential claimants after bar date has passedI1
England and Wales
This rule applies where, after the bar date has passed—
there is evidence from either—
the records of the investment bank; or
information received by the administrator under rule 139 or 140,
that there is a person (“P”) who is eligible to make a claim under regulation 11(1) in respect of certain client assets, but that the administrator has not received a claim from P in respect of those clients assets; and
the administrator has a means of contacting P.
The administrator shall send notice to P in writing stating that the administrator believes P would have been eligible to submit a claim under regulation 11(1).
Where P would have been eligible to submit a claim under rule 11(1)(a), the notice under paragraph (2) shall state that—
the administrator believes that the investment bank holds client assets on behalf of P; and
in making the distribution plan under rule 144, the administrator intends to calculate the amount of assets to be returned to P according to the information available to the administrator,
unless P submits a claim in accordance with rule 139 within 14 business days of receipt of the notice (or such longer period as may be agreed by the administrator).
Where P would have been eligible to submit a claim under rule 11(1)(b), the notice under paragraph (2) shall state that—
the administrator believes that P is able to assert a security interest over certain client assets held by the investment bank; and
in making the distribution plan under rule 144, the administrator intends to take into account the security interest according to the information available to the administrator,
unless P submits a claim in accordance with rule 140 within 14 business days of receipt of the notice (or such longer period as may be agreed by the administrator).