Petitions to Transfer Business
Petitions to Transfer Business
Company No 954573
The Financial Services and Markets Act 2000
LOMBARD BANK LIMITED
Notice is hereby given that (i) on Wednesday 21st July 2004 Judge Lady Paton, sitting at the Court of Session in Edinburgh, pronounced in the petition of Lombard Bank Limited an Interlocutor inter alia :
(i) | in terms of Section 111 of the Financial Services and Markets Act 2000 (the “Act”), sanctioning the banking business transfer scheme set out in the Appendix to the petition for the transfer of the banking business of Lombard Bank Limited (the “Transferor”) to The Royal Bank of Scotland Public Limited Company (the “Transferee”) (the “Scheme”); |
(ii) | in terms of section 112(1) of the Act: |
(a) | declaring that that part of the undertaking and of the property and liabilities of the Transferor which comprises the Business (as defined in the Scheme) shall be transferred to the Transferee with effect from such time or times as are provided for in the Scheme; |
(b) | ordaining the Transferor to deliver to the Transferee all such particulars as it possesses in relation to the Customers, the Applicants, the deposits, the credit cards, the loans and the insurances forming part of the Business (all as defined in the Scheme) and authorising the Transferee to make use of all such particulars; |
(c) | ordaining the Transferor to transfer to the Transferee all such files, records and other data (including personal data within the meaning of the Data Protection Act 1998) as the Transferor possesses in relation to such Customers, Applicants, deposits, credit cards, loans and insurances (all as defined in the Scheme) and authorising the Transferee to make use of all such files, records and other data; |
(d) | declaring and ordaining that any legal proceedings pending by or on behalf of or against the Transferor on the Effective Date (as defined in the Scheme) which relate to the Business shall be continued by or on behalf of or against the Transferee; |
(e) | declaring and ordaining that all references to the Transferor or to “Lombard Direct” contained in any contract or policy of insurance relating to the Business (as defined in the Scheme), being a contract or policy to which a Customer (as defined in the Scheme) is a party but under which the Transferor is not the insurer, shall be construed as and shall be deemed to be references to the Transferee, to the exclusion of the Transferor; and |
(f) | declaring and ordaining that all references to the Transferor contained on any credit card issued by the Transferor and relating to the Business (as defined in the Scheme) shall be construed as and shall be deemed to be references to the Transferee, to the exclusion of the Transferor; |
(iii) | in terms of Section 112(10) of the Act, ordaining the Transferee to deposit two certified copies of the Interlocutor with the Financial Services Authority within ten days from the date thereof or such longer period as the Financial Services Authority may permit; |
(iv) | appointing the Transferee, if so advised, to apply to the Court for one or more further orders in respect of such other incidental, consequential and/or supplementary matters as may be necessary or convenient with a view to securing that the Scheme is fully and effectively carried out; |
that (ii) on 23rd July 2004 two certified copies of the Interlocutor were deposited with the Financial Services Authority; and that (iii) pursuant to the terms of the Scheme and the Interlocutor, the transfer of the business from the Transferor to the Transferee took place with effect from 1st August 2004.
Dundas & Wilson CS
Saltire Court, 20 Castle Terrace, Edinburgh EH1 2EN
Solicitors to Lombard Bank Limited