Part 1

Special Resolution Regime
Chapter 3

Special resolution action

Transfer of property

Continuity
36
1
A property transfer instrument may provide—
a
for a transfer to be, or to be treated as, a succession;
b
for a transferee to be treated for any purpose connected with the transfer as the same person as the transferor.
2
A property transfer instrument may provide for agreements made or other things done by or in relation to a transferor to be treated as made or done by or in relation to the transferee.
3
A property transfer instrument may provide for anything (including legal proceedings) that relates to anything transferred and is in the process of being done by or in relation to the transferor immediately before the transfer date, to be continued by or in relation to the transferee.
4
A property transfer instrument which transfers or enables the transfer of a contract of employment may include provision about continuity of employment.
5
A property transfer instrument may modify references (express or implied) in an instrument or document to a transferor.
6
In so far as rights and liabilities in respect of anything transferred are enforceable after transfer, a property transfer instrument may provide for apportionment between transferor and transferee to a specified extent and in specified ways.
7
A property transfer instrument may enable the transferor and transferee by agreement to modify a provision of the instrument; but a modification—
a
must achieve a result that could have been achieved by the instrument, and
b
may not transfer (or arrange for the transfer of) property, rights or liabilities.
8
A property transfer instrument may require or permit—
a
a transferor to provide a transferee with information and assistance;
b
a transferee to provide a transferor with information and assistance.
9
Section 32 applies for the interpretation of this section (with the necessary modification).
S. 36 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 1
Pt. 1 restricted (7.1.2010) by Banking Act 2009 (Exclusion of Insurers) Order 2010 (S.I. 2010/35), arts. 1, 2
Pt. 1: power to amend conferred (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 17(3)(f), 148(5); S.I. 2014/377, art. 2(1)(b), Sch. Pt. 2
Pt. 1 Ch. 3 formed from ss. 4-83 (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 7