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Part VU.K. Performance of Regulated Activities

[F1Removal of directors and senior executives and appointment of temporary managerU.K.

Textual Amendments

F1Ss. 71B-71I and cross-heading inserted (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 32

71B.Removal of directors and senior executivesU.K.

(1)If the appropriate regulator is satisfied that the conditions in section 71D(1) and (2) are met in relation to a relevant firm, the appropriate regulator may require the firm to remove—

(a)any person who is a director of the firm;

(b)any person who is a senior executive of the firm.

(2)If the appropriate regulator imposes a requirement under subsection (1), the regulator may also require the relevant firm—

(a)to replace a director or senior executive who has been removed, and

(b)to take any step needed to give effect to the replacement, including, where necessary, calling a general meeting of the firm’s shareholders or members.

[F2(3)If the appropriate regulator is satisfied that the condition in section 71D(4A) is met in relation to a person who is a director of an institution, of a financial holding company or of a mixed financial holding company, the appropriate regulator may require that institution, financial holding company or mixed financial holding company to remove that person from the board of directors.]]