Syncora Guarantee (UK) Ltd, Re [2015] EWHC 3077 (Ch) (01 July 2015)

Syncora Guarantee (UK) Ltd, Re [2015] EWHC 3077 (Ch) (01 July 2015)

The court is satisfied that all statutory requirements are met, the transfer will not adversely affect policy holders or other stakeholders, and it is appropriate to sanction the scheme under Part 7 of FSMA 2000.

Citation
[2015] EWHC 3077 (Ch)
Parties
Claimant: Syncora Guarantee (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
01 July 2015
Procedural Posture
Part 7 Transfer Under Financial Services and Markets Act 2000 / Sanction Hearing for Insurance Business Transfer
Outcome
Scheme sanctioned
Legal Topics
Insurance Business Transfer, Regulatory Approval, Corporate Restructuring

Case Brief

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Parties

Syncora Guarantee (UK) Ltd

Claimant

Procedural Posture

Part 7 Transfer Under Financial Services and Markets Act 2000 / Sanction Hearing for Insurance Business Transfer

  1. 1 Whether the proposed transfer of insurance business from Syncora Guarantee (UK) Ltd to Syncora Guarantee Incorporated should be sanctioned under Part 7 of the Financial Services and Markets Act 2000
  2. 2 Whether the transfer adversely affects policy holders or other stakeholders

Ratio Decidendi

The court is satisfied that all statutory requirements are met, the transfer will not adversely affect policy holders or other stakeholders, and it is appropriate to sanction the scheme under Part 7 of FSMA 2000.

Court Disposition

Scheme sanctioned

Orders

  • Transfer of insurance business from Syncora Guarantee (UK) Ltd to Syncora Guarantee Incorporated approved
  • Provision for dissolution without winding up of Syncora Guarantee (UK) Ltd upon completion of transfer