Part XXIV U.K. Insolvency

Winding up by the court U.K.

368 Winding-up petitions: EEA and Treaty firms. U.K.

[F1 (1)][F2 A regulator] may not present a petition to the court under section 367 for the winding up of—

(a) an EEA firm which qualifies for authorisation under Schedule 3, or

(b) a Treaty firm which qualifies for authorisation under Schedule 4,

unless it [F3 or the other regulator] has been asked to do so by the home state regulator of the firm concerned.

[F4 (2) If a regulator receives from the home state regulator of a body falling within subsection (1)(a) or (b) a request to present a petition to the court under section 367 for the winding up of the body, it must—

(a) notify the other regulator of the request, and

(b) provide the other regulator with such information relating to the request as it thinks fit.]

Textual Amendments

F1 S. 368 renumbered as s. 368(1) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 15(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F2 Words in s. 368(1) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 15(3)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F3 Words in s. 368(1) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 15(3)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F4 S. 368(2) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 15(4) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Modifications etc. (not altering text)

C1 S. 368 applied (with modifications) (1.11.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(c), 95, Sch. 5 para. 6 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 155(6)(f) (with Sch. 2 para. 156))

C2 S. 368 applied (with modifications) (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(b), 62, Sch. 3 para. 7 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(g))