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The Banking Act 2009 (Mandatory Compensation Arrangements Following Bail-in) Regulations 2014

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Banking Act 2009 (Mandatory Compensation Arrangements Following Bail-in) Regulations 2014 No. 3330

Optional provisions: valuation principles

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11.—(1) A relevant compensation order may make any of the following provisions (subject to any necessary modifications).

(2) In making the assessment of the insolvency treatment required by regulation 6(2), the independent valuer must assume that the property specified in the order (or property of a class specified in the order) would have been sold for the price specified in the order or calculated by reference to criteria specified in the order.

(3) In making the assessment of the insolvency treatment required by regulation 6(2), the independent valuer must assume that the property specified in the order (or property of a class specified in the order) would have been treated in the manner specified in the order.

(4) In making the assessment of the actual treatment required by regulation 6(3), the independent valuer must assume that relevant securities would have—

(a)a value specified in the order;

(b)a value calculated by reference to criteria specified in the order.

(5) In paragraph (4) “relevant securities” means the specified securities (or class of securities) issued by the relevant banking institution that have been issued or transferred to a specified relevant person (or class of relevant persons).

(6) In paragraph (5) “specified” means specified in the order.

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