Rule 41 ServiceI1
England and Wales
The Bank of England shall serve the application—
on the investment bank;
on the person (or each of the persons) nominated for appointment as administrator;
on any person who has given notice to the F1FCA or, where relevant, the PRA in respect of the investment bank under section 120 of the 2009 Act (notice of preliminary steps of other insolvency procedures); and
if the property transfer instrument was made or is to be made under section 11(2)(b) of the 2009 Act, on each transferee.
Service under paragraph (1) must be service of a sealed and endorsed copy of the application and its accompanying documents issued under rule 40.
Service must be effected as soon as is reasonably practicable, having regard in particular to the need to give the investment bank’s representatives a reasonable opportunity to attend the hearing.
Service must be effected—
by personal service to an address that the person has notified to the Bank of England as an address for service;
by personal service to the person’s registered office (where no address for service has been notified);
by personal service to the person’s usual or last known principal place of business in England and Wales (where there is no registered office and no address for service has been notified); or
in such other manner and at such a place as the court may direct.
If the Bank of England knows of an email address that is habitually used for business purposes by a person on whom service is required, the Bank must (in addition to personal service) as soon as is reasonably practicable send by email an electronic copy of a sealed and endorsed copy of the application and its accompanying documents.
Service of the application shall be verified by a witness statement specifying the date on which, and the manner in which, service was effected.
The witness statement, with a sealed copy of the application exhibited to it, shall be filed with the court—
as soon as is reasonably practicable; and
in any event, before the hearing of the application.
Annotations
Textual amendments
- F1
Words in art. 41(1)(c) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 210(a)(b)(vi) (with Sch. 2 para. 211)