Explanatory Notes

Banking (Special Provisions) Act 2008

2008 CHAPTER 2

21st February 2008

Commentary on Clauses and Schedules

Transfer of securities

Section 4: Extinguishment of subscription rights

20.This section applies where the Treasury has made an order under section 3 transferring securities of a deposit-taker. It enables the Treasury, by order, to extinguish share options or other rights held by persons to subscribe for, or otherwise acquire, securities of that deposit-taker, or any of its subsidiaries. This power might be necessary in a case where persons have an enforceable right to be issued with or otherwise acquire shares or other securities of the deposit-taker or any of its subsidiaries. The existence of, and exercise of, such rights might frustrate the purposes of a transfer.