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Compensation events
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13. The Act of 2009 is amended by inserting after section 8D the following:
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“8E. (1) Any money recovered by the deposit protection account in relation to a compensation event which occurred on or before the coming into operation of the Deposit Guarantee Regulations shall be returned to the credit institutions on a basis proportionate to their contribution to the compensation event.
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(2) Where any sum returnable under subsection (1) relates to a deposit in the deposit protection account by a credit institution which has ceased to carry on business as a credit institution or that has been wound up, then such a sum shall—
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(a) accrue to the Bank unless, upon ceasing to carry on that business, that credit institution’s business as a credit institution was amalgamated with or transferred to another credit institution in which case it shall accrue to that other credit institution, or
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(b) where the provisions of this subsection also apply to the other credit institution referred to in paragraph (a) (also being a credit institution which has ceased to carry on business as a credit institution or that has been wound up), be traced through that other credit institution and any other credit institutions until it accrues to either the Bank or a credit institution maintaining a deposit in the deposit protection account at the time of the accrual.
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(3) Whenever any sum accrues to the Bank by virtue ofsubsection (2), the Bank may, if it thinks proper to do so, waive, in whole or in part and in favour of such person and upon such terms as it thinks proper having regard to all the circumstances of the case, the right of the Bank to such sum or such part thereof.”.
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