§ 121 — Interpretation of this Division

121. In this Division, unless the context otherwise requires —“2nd transferee” has the meaning given by section 69;

“Division 11 FI” or Division 11 financial institution means a pertinent financial institution within a class of pertinent financial institutions prescribed by regulations made under section 135 for the purposes of this Division;

“Division 11 FI under resolution” means a Division 11 FI that is the subject of a resolution action;

“pre-resolution creditor”, in relation to a Division 11 FI under resolution, means any person who was a creditor of the Division 11 FI immediately before the resolution date;

“pre-resolution shareholder”, in relation to a Division 11 FI under resolution, means any person who held shares or instruments conferring or representing a legal or beneficial ownership interest in the Division 11 FI, immediately before the resolution date;

“prescribed written law” has the meaning given by section 95;

“resolution action” means —(a)

the issue of a certificate of transfer under section 67 or any action to be taken under that certificate;

(b)

the issue of a certificate of transfer under section 76 or any action to be taken under that certificate;

(c)

the issue of a certificate of restructuring of share capital under section 79 or any action to be taken under that certificate;

(d)

the issue of a bail-in certificate under section 84 or any action to be taken under that certificate; or

(e)

the making of an order under section 104 that provides for any of the matters mentioned in section 104(2);

“resolution date”, in relation to a Division 11 FI under resolution, means —(a)

if the Division 11 FI is the subject of the issue of a certificate of transfer under section 67, a certificate of transfer under section 76, a certificate of restructuring of share capital under section 79, or a bail‑in certificate under section 84 — the date the certificate is published in the Gazette;

(b)

if the Division 11 FI is the subject of 2 or more actions mentioned in paragraphs (a) to (d) of the definition of “resolution action” — the earlier or earliest of the dates of publication of the relevant certificates in the Gazette;

(c)

if the Division 11 FI is the subject of an action mentioned in paragraph (e) of the definition of “resolution action” — the date of publication of the order in the Gazette; or

(d)

if the Division 11 FI is the subject of one or more actions mentioned in paragraphs (a) to (d) of the definition of “resolution action”, as well as the action mentioned in paragraph (e) of that definition — the earlier of the following dates:(i)

the date of publication in the Gazette of the relevant certificate or, if there is more than one relevant certificate, the earlier or earliest of the dates of publication in the Gazette of the relevant certificates;

(ii)

the date of publication of the order in the Gazette;

“transferee” has the meaning given by section 65;

“valuation report” means a report issued by a valuer under section 125(3);

“valuer” means a person appointed under section 124 as a valuer.