C1C7C5C4C2C8Part XII Preferential F1and non-preferential debts in Company and Individual Insolvency

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C7

Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended: (4.3.2004) by S.I. 2004/355, art. 10; (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4); (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 1 Pts. 2, 3; and (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 1 (with reg. 3(2)))

C8

Third Group of Parts (Pts. 12-19) applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 1 para. 3 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)

C6387AC3F2Financial institutions and their non-preferential debts

1

In this Act “relevant financial institution” means any of the following—

a

a credit institution,

b

an investment firm,

c

a financial holding company,

d

a mixed financial holding company,

F3da

an investment holding company,

F4e

a financial institution which is—

i

a subsidiary of an entity referred to in paragraphs (a) to (da), and

ii

covered by the supervision of that entity on a consolidated basis by the Financial Conduct Authority in accordance with Part 9C rules or by the Prudential Regulation Authority in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms or CRR rules, or,

f

a mixed-activity holding company.

2

The definitions in Article 4 of Regulation (EU) No. 575/2013 apply for the purposes of subsection (1) F5, except for the definitions of “consolidated basis” and “consolidated situation”.

F62A

For the purposes of subsection (1)—

  • “on a consolidated basis” means on the basis of the consolidated situation;

  • “consolidated situation” means the situation that results from an entity being treated, for the purposes of Part 9C rules, Regulation (EU) 575/2013 or CRR rules (as appropriate), as if that entity and one or more other entities formed a single entity;

  • “CRR rules” has the meaning given in section 144A of the Financial Services and Markets Act 2000;

  • “Part 9C rules” has the meaning given in section 143F of the Financial Services and Markets Act 2000.

3

In this Act, in relation to a relevant financial institution—

a

“ordinary non-preferential debts” means non-preferential debts which are neither secondary non-preferential debts nor tertiary non-preferential debts;

b

“secondary non-preferential debts” means non-preferential debts issued under an instrument where—

i

the original contractual maturity of the instrument is of at least one year,

ii

the instrument is not a derivative and contains no embedded derivative, and

iii

the relevant contractual documentation and where applicable the prospectus related to the issue of the debts explain the priority of the debts under this Act, and

c

“tertiary non-preferential debts” means all subordinated debts, including (but not limited to) debts under Common Equity Tier 1 instruments, Additional Tier 1 instruments and Tier 2 instruments (all within the meaning of Part 1 of the Banking Act 2009).

4

In subsection (3)(b), “derivative” has the same meaning as in Article 2(5) of Regulation (EU) No 648/2012.

5

For the purposes of subsection (3)(b)(ii) an instrument does not contain an embedded derivative merely because—

a

it provides for a variable interest rate derived from a broadly used reference rate, or

b

it is not denominated in the domestic currency of the person issuing the debt (provided that the principal, repayment and interest are denominated in the same currency).