Part 2Bank Insolvency

Other processes

120Notice to FSA of preliminary steps

1

An application for an administration order in respect of a bank may not be determined unless the conditions below are satisfied.

2

A petition for a winding up order in respect of a bank may not be determined unless the conditions below are satisfied.

3

A resolution for voluntary winding up of a bank may not be made unless the conditions below are satisfied.

4

An administrator of a bank may not be appointed unless the conditions below are satisfied.

5

Condition 1 is that the FSA has been notified—

a

by the applicant for an administration order, that the application has been made,

b

by the petitioner for a winding up order, that the petition has been presented,

c

by the bank, that a resolution for voluntary winding up may be made, or

d

by the person proposing to appoint an administrator, of the proposed appointment.

6

Condition 2 is that a copy of the notice complying with Condition 1 has been filed with the court (and made available for public inspection by the court).

7

Condition 3 is that—

a

the period of 2 weeks, beginning with the day on which the notice is received, has ended, or

b

both—

i

the FSA has informed the person who gave the notice that it does not intend to apply for a bank insolvency order, and

ii

the Bank of England has informed the person who gave the notice that it does not intend to apply for a bank insolvency order or to exercise a stabilisation power under Part 1.

8

Condition 4 is that no application for a bank insolvency order is pending.

9

Arranging for the giving of notice in order to satisfy Condition 1 can be a step with a view to minimising the potential loss to a bank’s creditors for the purpose of section 214 of the Insolvency Act 1986 (wrongful trading).

10

Where the FSA receives notice under Condition 1—

a

the FSA shall inform the Bank of England,

b

the FSA shall inform the person who gave the notice, within the period in Condition 3(a), whether it intends to apply for a bank insolvency order, and

c

if the Bank of England decides to apply for a bank insolvency order or to exercise a stabilisation power under Part 1, the Bank shall inform the person who gave the notice, within the period in Condition 3(a).