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HM Treasury

Consultations & legislation

Credit Institutions Reorganisation and Winding Up Directive

05 April 2004

The Credit institutions Reorganisation and Winding Up Directive (2001/24/EC) creates unified proceedings for EU credit institutions that are being wound-up or subject to reorganisation measures. The Directive provides that, with some exceptions, the national law of a credit institution’s home State will apply in the event of a reorganisation or winding up proceedings, including in respect of its branches in other Member States. The Directive also provides that only the administrative or judicial authorities in the home Member State of a credit institution can authorise the implementation of reorganisation measures or the opening of winding up proceedings in respect of that credit institution, including in respect of its branches in other Member States.

The principle purposes of the Directive are:

The Directive is due to be implemented on 5th May 2004 and will be implemented in UK law through Regulations in a statutory instrument.

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