Petitions to Transfer Business
In the High Court of Justice No: 3205 of 2013
Chancery Division
Companies Court
In the Matter of GUARDIAN PENSIONS MANAGEMENT LTD
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In the Matter of GUARDIAN LINKED LIFE ASSURANCE LTD
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In the Matter of GUARDIAN ASSURANCE LTD
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In the Matter of the FINANCIAL SERVICES AND MARKETS ACT 2000
N otice is hereby given that on 30 April 2013 Guardian Pensions Management Ltd (“ GPM ”), Guardian Linked Life Assurance Ltd (“ GLLA ”) and Guardian Assurance Limited (“ GA ”) applied to the High Court of Justice of England and Wales, pursuant to section 107(1) of the Financial Services and Markets Act 2000 (the “ Act ”), for an Order under section 111 of the Act sanctioning a scheme (the “ Scheme ”) for the transfer to GA of the entire long term insurance businesses carried on by each of GLLA and GPM (the “ Business ”) and for the making of ancillary provisions in connection with the implementation of the Scheme under sections 112 and 112A of the Act.
The proposed transfer will result in the Business which is currently carried on by GPM and GLLA being carried on by GA. All payments in respect of the policies comprised within the Business shall, upon the transfer becoming effective, be dealt with by GA.
The availability to policyholders of recourse to the Financial Services Compensation Scheme and Financial Ombudsman Service will not change as a result of the Scheme. Therefore, policyholders of GPM, GLLA and GA who are currently protected by the Financial Services Compensation Scheme and/or have recourse to the Financial Ombudsman Service will continue to have such protection or recourse.
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 ”), Scheme guides (which contain 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 free of charge by contacting the Guardian Financial Services Group using the telephone number or address set out below. These and other documents relating to the Scheme (including actuarial reports and sample copies of the communications to policyholders) are also available on the Guardian Financial Services Group website at www.guardianfs.co.uk/partviitransfers.
Any questions or concerns relating to the proposed transfer should be referred to the Guardian Financial Services Group (GA, GPM and GLLA are all members of the Guardian Financial Services group of companies) using the following telephone number or address:
FREEPOST GFS1
Reference PviiGA13
Guardian telephone: 0800 316 1974
Guardian overseas telephone: +44 1253 708 726
If you have a policy with GPM, GLLA or GA, please quote your policy number in any correspondence. This can be found on your policy documents.
The application is due to be heard before the Companies Court Judge at the Rolls Building, Fetter Lane, London, EC4A 1NL on 12 September 2013 and any person (including any policyholder or employee of GPM, GLLA and GA) who thinks that he or she would be adversely affected by the carrying out of the Scheme may attend the hearing in person or by Counsel. Any person intending to attend is requested to give notice of such intention as soon as possible and preferably before 30 August 2013, setting out their grounds of objection, to GPM, GLLA or GA by calling the above number or in writing to the address above or to the solicitors named below.
Any person who objects to 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 before 30 August 2013, either to GPM, GLLA or GA by calling the above number or in writing to the address above or to the solicitors named below.
Dated 21 May 2013
Allen & Overy LLP
One Bishops Square
London E1 6AD
Ref: 0104606/0000001
Solicitors to the Guardian Financial Services Group