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The Bank Insolvency (No. 2) Rules (Northern Ireland) 2009

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PART 21N.I.DECLARATION AND PAYMENT OF DIVIDEND

PreliminaryN.I.

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

(2) In this part—

(a)“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

(b)“the insolvent” means the bank.

Commencement Information

I1Rule 245 in operation at 1.4.2009, see rule 1(1)

Notice of intended dividendN.I.

246.—(1) Apply rule 11.02 of the 1991 Rules.

(2) Delete paragraph (1)(b) .

Commencement Information

I2Rule 246 in operation at 1.4.2009, see rule 1(1)

Final admission/rejection of proofsN.I.

247.—(1) Apply rule 11.03 of the 1991 Rules.

(2) Delete paragraph (4).

Commencement Information

I3Rule 247 in operation at 1.4.2009, see rule 1(1)

Postponement or cancellation of dividendN.I.

248.  Apply rule 11.04 of the 1991 Rules.

Commencement Information

I4Rule 248 in operation at 1.4.2009, see rule 1(1)

Decision to declare dividendN.I.

249.  Apply rule 11.05 of the 1991 Rules.

Commencement Information

I5Rule 249 in operation at 1.4.2009, see rule 1(1)

Notice of declarationN.I.

250.—(1) Apply rule 11.06 of the 1991 Rules.

(2) Delete paragraph (1)(b).

(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;.

Commencement Information

I6Rule 250 in operation at 1.4.2009, see rule 1(1)

Notice of no, or no further, dividendN.I.

251.  Apply rule 11.07 of the 1991 Rules.

Commencement Information

I7Rule 251 in operation at 1.4.2009, see rule 1(1)

Proof altered after payment of dividendN.I.

252.  Apply rule 11.08 of the 1991 Rules.

Commencement Information

I8Rule 252 in operation at 1.4.2009, see rule 1(1)

Secured creditorsN.I.

253.  Apply rule 11.09 of the 1991 Rules.

Commencement Information

I9Rule 253 in operation at 1.4.2009, see rule 1(1)

Disqualification from dividendN.I.

254.—(1) Apply rule 11.10 of the 1991 Rules.

(2) For “the Order” substitute “the Order as applied by the 2009 Act”.

Commencement Information

I10Rule 254 in operation at 1.4.2009, see rule 1(1)

Assignment of right to dividendN.I.

255.  Apply rule 11.11 of the 1991 Rules.

Commencement Information

I11Rule 255 in operation at 1.4.2009, see rule 1(1)

Preferential creditorsN.I.

256.  Apply rule 11.12 of the 1991 Rules.

Commencement Information

I12Rule 256 in operation at 1.4.2009, see rule 1(1)

Debt payable at future timeN.I.

257.—(1) Apply rule 11.13 of the 1991 Rules.

(2) For paragraph (3) substitute—

(3) In paragraph (2) “relevant date” means the date of the commencement of the bank insolvency..

Commencement Information

I13Rule 257 in operation at 1.4.2009, see rule 1(1)

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