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Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

You are viewing the version of the document as on 2021-01-01.

Article 49 Notice

  1. (1)

    The notice referred to in sections 24, 25, 41, 48T and 89J of the Banking Act 2009 to be published by the resolution authority, shall include:

    1. (a)

      the name, the address of the registered office and, where available, the legal entity identifier of the recovery and resolution entity under resolution;

    2. (b)

      the name and address of the registered office of the immediate and ultimate parent undertaking of that recovery and resolution entity where relevant;

    3. (c)

      a list of the names of other group entities and related branches in respect of which resolution actions exercise their effects, including, to the extent possible, information on branches located in third countries;

    4. (d)

      a summary of the relevant resolution actions that are taken, the dates from which those resolution actions take effect and in particular their effects on retail customers and which includes the following:

      1. (i)

        information on the access to deposits according to Directive 2014/49/EU on deposit guarantee schemes held at the institution affected by the resolution action;

      2. (ii)

        information on the access to other clients' assets or funds within the objectives set out in section 4 of the Banking Act 2009 held at the institution affected by the resolution action;

      3. (iii)

        information on the contractual payment or delivery obligations subject to suspension under section 70A and 70D of the Banking Act 2009 including the commencement and expiration of the suspension period, where applicable;

      4. (iv)

        information on the secured creditors of the recovery and resolution entity under resolution subject to restrictions on the enforcement of security interest including the commencement and expiration of that restriction period in accordance with section 70B and 70D of the Banking Act 2009 where applicable where applicable;

      5. (v)

        information on the contractual parties affected by the temporary suspension of termination rights including the commencement and expiration of the suspension period under section 70C and 70D of the Banking Act 2009 where applicable;

    5. (e)

      the confirmation of the ordinary course of contractual commitments, including repayment schedules, not subject to suspensions;

    6. (f)

      the point of contact within the institution where customers and creditors can seek further information and updates on the recovery and resolution entity and its operations.

    7. For purposes of this article, termination rights should be interpreted with reference to sections 48Z and 70C of the Banking Act 2009.

  2. (2)

    The notice shall be published as soon as reasonably practical after taking a resolution action.