The Payment and Electronic Money Institution Insolvency Regulations 2021

Objectives 1 and 3: TAs: Conditions 1 to 3

25.—(1) The administrator may not enter into the TA unless all of Conditions 1 to 3 are met.

(2) Condition 1 is that the arrangement includes such provision as the administrator thinks necessary to ensure that users or holders whose relevant funds are to be transferred will be able to exercise their rights in relation to those funds as soon as reasonably practicable after the transfer.

(3) Condition 2 is that the institution has obtained a contractual undertaking from the transferee that the transferee will—

(a) safeguard the relevant funds to be transferred, and

(b) after the transfer, safeguard any further relevant funds of users or holds whose relevant funds, rights or liabilities under PS or EMI contracts were transferred.

(4) Paragraph (3) applies even if the transferee is a small payment institution or a small electronic money institution.

(5) Condition 3 is that the institution has obtained a contractual undertaking from the transferee that the transferee will, within a period of 14 days beginning with the day on which the arrangement is entered into, notify the persons in paragraph (6) of the matters in paragraph (7).

(6) The persons who must be notified are—

(a) the users or holders whose relevant funds are to be transferred,

(b) any agents of the institution, and

(c) in the case of electronic money institutions, any distributors of the institution.

(7) The notice must—

(a) explain the undertaking given in accordance with paragraph (3), and

(b) in the case of a PPTA, explain the right to a reverse transfer in accordance with regulation 30.

(8) Regulation 29(1) to (3) contains a further condition (Condition 4) for PPTAs.