Section 362: Powers of FCA and PRA to participate in proceedings., Financial Services and Markets Act 2000

This section applies if a person ... makes an administration application under Schedule B1 to the 1986 Act or Schedule B1 to the 1989 Order in relation to a company or partnership which—

is, or has been, an authorised person or recognised investment exchange;

is, or has been, an appointed representative; or

is carrying on, or has carried on, a regulated activity in contravention of the general prohibition.

This section also applies in relation to—

the appointment under paragraph 14 or 22 of Schedule B1 to the 1986 Act or paragraph 15 or 23 of Schedule B1 to the 1989 Order of an administrator of a company of a kind described in subsection (1)(a) to (c), or

the filing with the court of a copy of notice of intention to appoint an administrator under any of those paragraphs.

This section also applies in relation to—

the appointment under paragraph 22 of Schedule B1 to the 1986 Act (as applied by order under section 420 of the 1986 Act), or under paragraph 23 of Schedule B1 to the 1989 Order (as applied by order under Article 364 of the 1989 Order), of an administrator of a partnership of a kind described in subsection (1)(a) to (c), or

the filing with the court of a copy of notice of intention to appoint an administrator under either of those paragraphs (as so applied).

The appropriate regulator is entitled to be heard—

at the hearing of the administration application or the petition; and

at any other hearing of the court in relation to the company or partnership under Part II of the 1986 Act (or Part III of the 1989 Order).

Any notice or other document required to be sent to a creditor of the company or partnership must also be sent to the appropriate regulator.

The appropriate regulator may apply to the court under paragraph 74 of Schedule B1 to the 1986 Act or paragraph 75 of Schedule B1 to the 1989 Order.

In respect of an application under subsection (4)—

paragraph 74(1)(a) and (b) shall have effect as if for the words "harm the interests of the applicant (whether alone or in common with some or all other members or creditors)" there were substituted the words "harm the interests of some or all members or creditors", and

paragraph 75(1)(a) and (b) of Schedule B1 to the 1989 Order shall have effect as if for the words "harm the interests of the applicant (whether alone or in common with some or all other members or creditors)" there were substituted the words harm the interests of some or all members or creditors.

A person appointed for the purpose by the appropriate regulator is entitled—

to attend any meeting of creditors of the company or partnership summoned under any enactment;

to attend any meeting of a committee established under paragraph 57 of Schedule B1 to the 1986 Act (or paragraph 58 of Schedule B1 to the 1989 Order; and

to make representations as to any matter for decision at such a meeting.

The appropriate regulator or a person appointed by the appropriate regulator is entitled to participate in (but not vote in) a qualifying decision procedure by which a decision about any matter is sought from the creditors of the company or partnership.

If, during the course of the administration of a company, a compromise or arrangement in relation to which Part 26 of the Companies Act 2006 applies is proposed between the company and its creditors, or any class of them, the appropriate regulator may apply to the court under section 896 or 899 of that Act.

If, during the course of the administration of a company, a compromise or arrangement in relation to which Part 26A of the Companies Act 2006 applies is proposed between the company and its creditors, or any class of them, the appropriate regulator may apply to the court under section 901C or 901F of that Act.

"The appropriate regulator" means—

where the company or partnership is a PRA-regulated person, each of the FCA and the PRA, except that the references in subsections (5) and (5A) to a person appointed by the appropriate regulator are to be read as references to a person appointed by either the FCA or the PRA;

in any other case, the FCA.

But where the administration application was made by a regulator "the appropriate regulator" does not include that regulator.

Section 362: Powers of FCA and PRA to participate in proceedings.

Discussed in

About this text