The Financial Services and Markets Act 2000 (Treatment of Assets of Insurers on Winding Up) Regulations 2001

• Citation: S.I. 2001/2968
• Sections: 4

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Financial Services and Markets Act 2000 (Treatment of Assets of Insurers on Winding Up) Regulations 2001 and come into force on the relevant day.

(2) These Regulations apply to the winding up of an insurer which commences on or after the relevant day.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Financial Services and Markets Act 2000;

“contract of long-term insurance” has the meaning given by article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;

“insurer” has the meaning given by article 2 of the Financial Services and Markets Act 2000 (Insolvency) (Definition of “Insurer”) Order 2001 ;

“the relevant day” means the day on which section 19 of the Act comes into force.

Section 3 Treatment of assets

(1) Where an insurer is being wound up—

(a) the assets representing the fund or funds maintained by the insurer in respect of its business of effecting or carrying out any contract of long-term insurance are to be available only for meeting the liabilities of the insurer attributable to that business; and

(b) the other assets of the insurer are to be available only for meeting the liabilities of the insurer attributable to its other business.

(2) Where the value of the assets mentioned in either sub-paragraph of paragraph (1) exceeds the amount of the liabilities mentioned in that sub-paragraph, the restriction imposed by that paragraph does not apply to so much of those assets as represents the excess.

Section 4 General meetings of creditors

In relation to the assets falling within either sub-paragraph of regulation 3(1), the creditors mentioned in section 168(2) of the Insolvency Act 1986 or, as the case may be, Article 143(2) of the Insolvency (Northern Ireland) Order 1989 are to be only those who are creditors in respect of liabilities falling within that sub-paragraph; and, accordingly, any general meetings of creditors summoned for the purposes of that section (or, as the case may be, that Article) are to be separate general meetings of the creditors in respect of the liabilities falling within each sub-paragraph.