S.L. 376.4 · Financial Institutions Act (S.L. 376.4)
S.L. 376.4 ст. 5Funds held under control not subject to the rights of creditors of the subject person.
(1) Notwithstanding the provisions of any other law, the creditors of a financial institution shall have no claim or right of action on or against the funds held by the financial institution for and on behalf of and in the interest of any payment services user or electronic money holder, and such funds shall not be affected in any manner by the provisions of laws and regulations in force regulating the insolvency or bankruptcy of the financial institution.
(2) In the event of any such insolvency or bankruptcy or related order or resolution, or in the event that the competent authority so requires, the financial institution or any administrator or receiver or other officer appointed to represent it by any court or otherwise shall, on demand of any payment service user or electronic money holder or of the competent authority, immediately transfer the control, possession and title to all funds held by or in the name of the financial institution on behalf of the payment service user or electronic money holder to another financial institution or to such other person as may be instructed by the payment service user or electronic money holder or by the competent authority.
(3) Notwithstanding the provisions of any other law, in the event that any funds held by the financial institution for and on behalf of and in the interest of any payment service user or electronic money holder are, at the request of any creditor of the financial institution, made subject to any precautionary or executive act or warrant granted by any Court in terms of the Code of Organization and Civil Procedure, the payment service user or electronic money holder on whose behalf and in the interest of whom such funds are being held, the financial institution on behalf of the payment service user or electronic money holder or the competent authority may, by application to the Court, request the release of the funds from such act or warrant and the Court shall, on production of evidence as it may deem fit, accede to the application without undue delay.
История изменений
- Amended by L.N. 71 of 2020