Petitions to Transfer Business
IN THE HIGH COURT OF JUSTICE
CR-2019-006061
BUSINESS AND PROPERTY COURTS
OF ENGLAND AND WALES
COMPANIES COURT (ChD)
IN THE MATTER OF ROTHESAY LIFE PLC
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IN THE MATTER OF MONUMENT LIFE INSURANCE DAC (formerly Laguna Life DAC)
- and -
IN THE MATTER OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
NOTICE IS HEREBY GIVEN that on 30 March 2020 Rothesay Life Plc ("Rothesay") and Monument Life Insurance DAC (formerly Laguna Life DAC) (“Monument”) applied to the High Court of Justice of England and Wales (the “Court”), pursuant to section 107(1) of the Financial Services and Markets Act 2000 (the "Act"), for an Order under section 111(1) of the Act sanctioning an insurance business transfer scheme (the "Scheme") for the transfer to Monument of certain Irish long-term insurance business carried on by Rothesay (the "Transferred Business") and for the making of ancillary orders in connection with the implementation of the Scheme under section 112 of the Act. The annuity policies comprised in the Transferred Business were written by Rothesay Assurance Limited (formerly MetLife Assurance Limited) in the Republic of Ireland on a freedom of services basis and subsequently transferred to Rothesay Life Plc by way of an order sanctioning an insurance business transfer scheme pursuant to Part VII of the Act.
If the Scheme is sanctioned by the Court, it will result in the transfer to Monument of all the contracts, property, assets and liabilities comprising the Transferred Business and accordingly, unless otherwise provided for in the Scheme, payments in respect of the policies comprising the Transferred Business shall, upon the transfer becoming effective, be dealt with by Monument.
Copies of the report on the terms of the Scheme prepared by an Independent Expert in accordance with section 109 of the Act (the "Independent Expert's Report"), copies of the form of letters sent to transferring policyholders, a statement setting out the terms of the Scheme and a summary of the Independent Expert's Report, and copies of the Scheme document itself can be obtained from www.rothesaylife.com/transfer-monument and if you cannot access this webpage copies can also be requested free of charge by contacting Rothesay using the telephone number or address set out below from the date of publication of this notice until the date on which the application is heard by the Court. These documents, other documents relating to the Scheme (including other actuarial reports and a booklet regarding the proposed transfer, including questions and answers) and any further news about the Scheme will be posted on this webpage which can be checked for updates.
Transferor contact details
Any questions or concerns relating to the proposed transfer should be referred to Rothesay.
Contact details for non-transferring policyholders
Non-transferring policyholders should use the usual contact details for the team administering their policy. These can be obtained from the following webpage: www.rothesaylife.com/contact-us.
Contact details applicable to transferring policyholders
The contact details applicable to transferring policyholders are as follows:
Telephone: 1800 303377 if calling from the Republic of Ireland (“ROI”)
Free to call within ROI on both landlines and mobiles
+353 (0) 1202 6095 if calling from outside of ROI
Normal call rates on both landlines and mobiles
Lines are open 9am – 5pm, Monday to Friday (except Bank Holidays in ROI)
Post: Rothesay Life
Customer Service Team
Friends First House
Cherrywood Business Park
Loughlinstown
Dublin 18
Email: rothesaylife@mercer.com
The application is due to be heard at the Rolls Building, Fetter Lane, London, EC4A 1NL on 22 July 2020.
If approved by the Court, it is currently proposed that the Scheme will take effect at 00:01 hrs (BST) on 7 September 2020.
Any updates to the above dates will be published on our website at: www.rothesaylife.com/transfer-monument.
Any person who claims that he or she would be adversely affected by the carrying out of the Scheme has a right to object and to attend the hearing and express their views either in person, in writing or through a representative. Please note that if any person wishes to be represented by legal counsel at the Court hearing then he or she would need to have appropriate rights of audience to appear at the Court in London.
If you wish to make representations to the Court directly, you can do so by writing to the Court at the address given above. If you write to the Court directly, you should clearly refer to the "transfer of annuity policies between Rothesay Life Plc and Monument Life Insurance DAC (formerly Laguna Life DAC)" and the Court’s reference number "(CR-2019-006061)" in your letter.
Any person intending to attend is requested (but is not obliged) to give notice of such intention as soon as possible and preferably at least five business days before the hearing on 22 July 2020, setting out their grounds of objection to Rothesay using the contact details above or by writing to the solicitors named below.
Any person who claims that they will be adversely affected by the Scheme but does not intend to attend the hearing may also make representations about the Scheme by giving notice of such representations, as soon as possible and preferably at least five business days before the hearing on 22 July 2020, using the contact details above or by writing to the solicitors named below.
Rothesay will acknowledge, in writing, all objections they receive. Rothesay will submit details of all objections received before the final court hearing to the Court, which will consider the Scheme and all objections from affected persons at the final Court hearing. Details of objections received will also be provided to the Independent Expert, the PRA and the FCA. This means that any correspondence that forms part of your objection will be part of the Court process which will be accessible to the public. By submitting an objection to the proposed Transfer, you consent to your objection and any personal data you provide with your objection being shared with the Court, the PRA, the FCA, the Central Bank of Ireland and the Independent Expert.
Allen & Overy LLP
One Bishops Square
London E1 6AD
Ref: 0094698-0000020
Solicitors to Rothesay
