Captured statutory text (L5)
17 Insertion of regulation 30ZA (insolvent bank customers)
After regulation 30, insert—
Insolvent bank customers (30ZA)
(1)Subject to paragraphs (2) and (3), a credit institution may permit an insolvent bank customer to open an account and transact from it before completing customer due diligence measures.
(2)Before permitting an insolvent bank customer to open an account and transact from it under paragraph (1), the credit institution must—
(a)identify the customer in accordance with regulation 28(2)(a); and
(b)where applicable, identify a person purporting to act on the customer’s behalf and verify that such person is authorised so to act in accordance with regulation 28(10)(a) and (b).
(3)After permitting an insolvent bank customer to open an account and transact from it under paragraph (1), the credit institution must—
(a)apply the other customer due diligence measures required by regulation 28 as soon as practicable; and
(b)if it becomes apparent that any of the situations or cases set out in regulation 33(1) apply, carry out no further transactions from the insolvent bank customer’s account until it has completed the customer due diligence measures required by regulation 28, with the exception of regulation 28(11).
(4)For the purposes of this regulation, a credit institution is to be treated as identifying an insolvent bank customer that is a body corporate if the credit institution—
(a)obtains the information listed in regulation 28(3)(a); and
(b)where the insolvent bank customer is not a company which is listed on a regulated market—
(i)takes reasonable measures to determine the information listed in regulation 28(3)(b); and
(ii)identifies the beneficial owner where the customer is beneficially owned by another person.
(5)In this regulation—
“insolvency date” in respect of an insolvent bank means the date on which a bank insolvency order is made in relation to the bank under section 94 (the order) of the Banking Act 2009.
“insolvent bank” means either—
a bank as defined in section 2 (interpretation: “bank”) of the Banking Act 2009 that has entered into the procedure in Part 2 of that Act; or
a building society as defined in section 119 (interpretation) of the Building Societies Act 1986 that has entered into the procedure in Part 2 of the Banking Act 2009, as applied and modified by section 90C (application of bank insolvency and administration legislation to building societies) of the Building Societies Act 1986;
“insolvent bank customer” means any customer—
which the credit institution is reasonably satisfied was a customer of an insolvent bank at the insolvency date in respect of that insolvent bank; and
with whom the credit institution begins to establish a business relationship within the period of 30 days beginning with the insolvency date in respect of that insolvent bank.
.
Full captured verbatim text
After regulation 30, insert— Insolvent bank customers (30ZA) (1) Subject to paragraphs (2) and (3), a credit institution may permit an insolvent bank customer to open an account and transact from it before completing customer due diligence measures. (2) Before permitting an insolvent bank customer to open an account and transact from it under paragraph (1), the credit institution must— (a) identify the customer in accordance with regulation 28(2)(a); and (b) where applicable, identify a person purporting to act on the customer’s behalf and verify that such person is authorised so to act in accordance with regulation 28(10)(a) and (b). (3) After permitting an insolvent bank customer to open an account and transact from it under paragraph (1), the credit institution must— (a) apply the other customer due diligence measures required by regulation 28 as soon as practicable; and (b) if it becomes apparent that any of the situations or cases set out in regulation 33(1) apply, carry out no further transactions from the insolvent bank customer’s account until it has completed the customer due diligence measures required by regulation 28, with the exception of regulation 28(11). (4) For the purposes of this regulation, a credit institution is to be treated as identifying an insolvent bank customer that is a body corporate if the credit institution— (a) obtains the information listed in regulation 28(3)(a); and (b) where the insolvent bank customer is not a company which is listed on a regulated market— (i) takes reasonable measures to determine the information listed in regulation 28(3)(b); and (ii) identifies the beneficial owner where the customer is beneficially owned by another person. (5) In this regulation— “insolvency date” in respect of an insolvent bank means the date on which a bank insolvency order is made in relation to the bank under section 94 (the order) of the Banking Act 2009. “insolvent bank” means either— a bank as defined in section 2 (interpretation: “bank”) of the Banking Act 2009 that has entered into the procedure in Part 2 of that Act; or a building society as defined in section 119 (interpretation) of the Building Societies Act 1986 that has entered into the procedure in Part 2 of the Banking Act 2009, as applied and modified by section 90C (application of bank insolvency and administration legislation to building societies) of the Building Societies Act 1986; “insolvent bank customer” means any customer— which the credit institution is reasonably satisfied was a customer of an insolvent bank at the insolvency date in respect of that insolvent bank; and with whom the credit institution begins to establish a business relationship within the period of 30 days beginning with the insolvency date in respect of that insolvent bank. .