Interpretation of this Division
112.  In this Division, unless the context otherwise requires —
“2nd transferee” has the meaning given by section 60;
“Division 5C FI” or “Division 5C financial institution” means a pertinent financial institution within a class of pertinent financial institutions prescribed by regulations made under section 126 for the purposes of this Division;
“Division 5C FI under resolution” means a Division 5C FI that is the subject of a resolution action;
“pre-resolution creditor”, in relation to a Division 5C FI under resolution, means any person who was a creditor of the Division 5C FI immediately before the resolution date;
“pre-resolution shareholder”, in relation to a Division 5C FI under resolution, means any person who held shares or instruments conferring or representing a legal or beneficial ownership interest in the Division 5C FI, immediately before the resolution date;
“prescribed written law” has the meaning given by section 86;
“resolution action” means —
(a)the issue of a certificate of transfer under section 58 or any action to be taken under that certificate;
(b)the issue of a certificate of transfer under section 67 or any action to be taken under that certificate;
(c)the issue of a certificate of restructuring of share capital under section 70 or any action to be taken under that certificate;
(d)the issue of a bail-in certificate under section 75 or any action to be taken under that certificate; or
(e)the making of an order under section 95 that provides for any of the matters mentioned in section 95(2);
“resolution date”, in relation to a Division 5C FI under resolution, means —
(a)if the Division 5C FI is the subject of the issue of a certificate of transfer under section 58, a certificate of transfer under section 67, a certificate of restructuring of share capital under section 70, or a bail‑in certificate under section 75, the date the certificate is published in the Gazette;
(b)if the Division 5C FI is the subject of 2 or more actions mentioned in paragraphs (a) to (d) of the definition of “resolution action”, the earlier or earliest of the dates of publication of the relevant certificates in the Gazette;
(c)if the Division 5C FI is the subject of an action mentioned in paragraph (e) of the definition of “resolution action”, the date of publication of the order in the Gazette; or
(d)if the Division 5C FI is the subject of one or more actions mentioned in paragraphs (a) to (d) of the definition of “resolution action”, as well as the action mentioned in paragraph (e) of that definition, the earlier of the following dates:
(i)the date of publication in the Gazette of the relevant certificate or, if there is more than one relevant certificate, the earlier or earliest of the dates of publication in the Gazette of the relevant certificates;
(ii)the date of publication in the Gazette of the order;
“transferee” has the meaning given by section 56;
“valuation report” means a report issued by a valuer under section 116(3);
“valuer” means a person appointed under section 115 as a valuer.
[31/2017]