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Regulation 10G Restrictions on partial property transfers—financial marketsF1

(1)

A partial property transfer may not transfer property, rights or liabilities to the extent that doing so would have the effect of modifying, modifying the operation of, or rendering unenforceable—

(a)

a market contract;

(b)

the default rules of a recognised investment exchange F2, recognised clearing house or recognised CSD; or

(c)

the rules of a recognised investment exchange , recognised clearing house or recognised CSD as to the settlement of market contracts not dealt with under its default rules.

(2)

A partial property transfer is void in so far as it is made in contravention of this regulation.

(3)

In this regulation—

  • “default rules” has the meaning given in section 188 of the Companies Act 1989; and

  • “partial property transfer” has the same meaning as in regulation 10B(13).

Annotations

Textual amendments

F1

Regs. 10B-10G inserted (6.4.2017) by The Investment Bank (Amendment of Definition) and Special Administration (Amendment) Regulations 2017 (S.I. 2017/443), regs. 1, 8 (with reg. 17)

F2

Words in reg. 10G(1)(b)(c) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 36(3) (with regs. 7(4), 9(1))