§ 125 — Valuation

125.—(1) A valuer for a Division 11 FI under resolution must conduct the valuation of the Division 11 FI in accordance with the valuation principles that are prescribed by regulations made under section 135, and any other valuation principles specified by the Authority by written notice to the valuer.(2) The valuer must determine the amount of compensation to be paid to each pre‑resolution creditor or pre‑resolution shareholder of the Division 11 FI, or each one that is within a class of pre‑resolution creditors or pre‑resolution shareholders of the Division 11 FI, by reference to the difference between —(a)

the valuer’s assessment of what the pre‑resolution creditor or pre‑resolution shareholder would have received had winding up proceedings been commenced against the Division 11 FI immediately before the resolution date; and

(b)

the valuer’s assessment of what the pre‑resolution creditor or pre‑resolution shareholder has received, is receiving, or is likely to receive —(i)

as a result of one or more of the actions mentioned in section 122(2); and

(ii)

as compensation under the law of a foreign country or territory governing the foreign resolution (if applicable).

(3) After conducting the valuation, the valuer for a Division 11 FI under resolution must issue a report setting out the valuer’s decision on —(a)

whether each pre-resolution creditor or pre‑resolution shareholder of the Division 11 FI is eligible for compensation; and

(b)

the amount of compensation to be paid to each pre‑resolution creditor or pre‑resolution shareholder.

(4) The valuation report must specify the information that is prescribed by regulations made under section 135 and any other valuation principles specified by the Authority by written notice to the valuer.

(5) The valuer must provide the valuation report to the Minister and the Authority by such date as may be determined by the Minister.

(6) On receiving a copy of the valuation report, where the Authority is of the view that —(a)

the valuation report was not prepared in accordance with this section; or

(b)

the valuer should have had regard to any additional circumstances not taken into account in the valuation report,

the Authority may, by written notice, request the valuer to reconsider the valuation report or any aspect of the report by such date as the Authority may specify in the notice.

(7) The Authority may cause the valuation report or any part of the valuation report to be published in the manner determined by the Authority.

—(1) A valuer for a Division 11 FI under resolution must conduct the valuation of the Division 11 FI in accordance with the valuation principles that are prescribed by regulations made under section 135, and any other valuation principles specified by the Authority by written notice to the valuer.

(2) The valuer must determine the amount of compensation to be paid to each pre‑resolution creditor or pre‑resolution shareholder of the Division 11 FI, or each one that is within a class of pre‑resolution creditors or pre‑resolution shareholders of the Division 11 FI, by reference to the difference between —(a)

the valuer’s assessment of what the pre‑resolution creditor or pre‑resolution shareholder would have received had winding up proceedings been commenced against the Division 11 FI immediately before the resolution date; and

(b)

the valuer’s assessment of what the pre‑resolution creditor or pre‑resolution shareholder has received, is receiving, or is likely to receive —(i)

as a result of one or more of the actions mentioned in section 122(2); and

(ii)

as compensation under the law of a foreign country or territory governing the foreign resolution (if applicable).

(3) After conducting the valuation, the valuer for a Division 11 FI under resolution must issue a report setting out the valuer’s decision on —(a)

whether each pre-resolution creditor or pre‑resolution shareholder of the Division 11 FI is eligible for compensation; and

(b)

the amount of compensation to be paid to each pre‑resolution creditor or pre‑resolution shareholder.

(4) The valuation report must specify the information that is prescribed by regulations made under section 135 and any other valuation principles specified by the Authority by written notice to the valuer.

(5) The valuer must provide the valuation report to the Minister and the Authority by such date as may be determined by the Minister.

(6) On receiving a copy of the valuation report, where the Authority is of the view that —(a)

the valuation report was not prepared in accordance with this section; or

(b)

the valuer should have had regard to any additional circumstances not taken into account in the valuation report,

the Authority may, by written notice, request the valuer to reconsider the valuation report or any aspect of the report by such date as the Authority may specify in the notice.

(7) The Authority may cause the valuation report or any part of the valuation report to be published in the manner determined by the Authority.