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PART 21DECLARATION AND PAYMENT OF DIVIDEND

Preliminary

247.—(1) The rules in this Part relate to the declaration and payment of dividends in a bank insolvency.

(2) In this Part—

“creditors” means those creditors of the bank of whom the bank liquidator is aware, or who are identified in the bank’s statement of affairs and

“the insolvent” means the bank.

Notice of intended dividend

248.  Apply rule 11.2 of the 1986 Rules(1). Ignore paragraph (1)(b).

Final admission/rejection of proofs

249.  Apply rule 11.3 of the 1986 Rules(2). Ignore paragraph (4).

Postponement or cancellation of dividend

250.  Apply rule 11.4 of the 1986 Rules.

Decision to declare dividend

251.  Apply rule 11.5 of the 1986 Rules.

Notice of declaration

252.—(1) Apply rule 11.6 of the 1986 Rules(3).

(2) Ignore paragraph (1)(b)(4).

(3) In paragraph (2), after (b), add—

(ba)expenses incurred by the bank liquidator in the achievement of objective 1 under section 99 of the Banking Act 2009.

Notice of no, or no further, dividend

253.  Apply rule 11.7 of the 1986 Rules.

Proof altered after payment of dividend

254.  Apply rule 11.8 of the 1986 Rules.

Secured creditors

255.  Apply rule 11.9 of the 1986 Rules.

Disqualification from dividend

256.  Apply rule 11.10 of the 1986 Rules.

Assignment of right to dividend

257.  Apply rule 11.11 of the 1986 Rules.

Preferential creditors

258.  Apply rule 11.12 of the 1986 Rules(5).

Debt payable at future time

259.  Apply rule 11.13 of the 1986 Rules(6). For paragraph (3) substitute “In paragraph (2), “relevant date” means the date of the commencement of bank insolvency.”

(1)

Rule 11.2 was amended by S.I. 2002/1307 and S.I. 1987/1919.

(2)

Paragraphs (3) and (4) were added by S.I. 2002/1307.

(3)

Paragraph (3)(b) was substituted by S.I. 2002/1307.

(4)

Sub–paragraphs (a) and (b) of rule 11.6(1) were amended by SI 2002/1307.

(5)

Paragraph (2) was amended by S.I.1987/1919.

(6)

Paragraph (2) and (3) were substituted for the original paragraph (2) by S.I. 2005/527.