Petitions to Transfer Business
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES COURT (ChD)
No. CR-2022-002074
IN THE MATTER OF
CHINA TAIPING INSURANCE (UK) CO LTD and
IN THE MATTER OF
DARAG DEUTSCHLAND AG
and
IN THE MATTER OF
PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
NOTICE IS HEREBY GIVEN that, by application dated 22 July 2022 China Taiping Insurance (UK) Co Ltd (the Transferor) and DARAG Deutschland AG (the Transferee) (together the Applicants), applied to the High Court of Justice of England and Wales for, amongst other things, an order under Section 111(1) of the Financial Services and Markets Act 2000 (the Act) sanctioning an insurance business transfer scheme (the Scheme) providing for the transfer of insurance business by the Transferor to the Transferee and for an order making provision under Section 112 of the Act.
The business included in the proposed transfer (the Transferring Business) includes rights and liabilities of the Transferor under or by virtue of any policy forming part of the business of the Transferor where:
1. in the case of insurance business, the risk is located in an EEA State; or
2. the Transferor is for any other reason subject to a requirement for authorisation in an EEA State in order to continue to service the policy.
If you are in any doubt as to whether your policy is included in the proposed transfer, please contact China Taiping Insurance (UK) Co Ltd at the address given below.
Copies of a report on the terms of the Scheme prepared by an independent expert in accordance with section 109 of the Act (the Scheme Report) and copies of a statement setting out the terms of the Scheme and containing a summary of the Scheme Report may be obtained, free of charge, by contacting China Taiping Insurance (UK) Co Ltd, 2 Finch Lane, London EC3V 3NA; Ref: EEA Part VII; email: PartVII@uk.cntaiping.com; telephone: (00 44) 20 7839 1888 or DARAG Deutschland AG, Europa Passage, Hermannstrasse 15, 20095 Hamburg, Germany; Ref: CTI Part VII; email: questions@darag-group.com; telephone: +49 40 300 928 – 267 or may be downloaded from the website https://darag-group.com/news/cti_scheme_documents/.
Anyone who has any concerns or objections regarding the proposed transfer or who requires any further information regarding the transfer should also contact the above address and reference or appear in Court or both.
The application is expected to be heard on 28 November 2022 before a Judge of the High Court - Business and Property Courts of England and Wales at The Rolls Building, 7 Rolls Buildings, Fetter Lane, London, EC4A 1NL, United Kingdom. The Act provides that any person (including an employee of the Transferor or the Transferee) who alleges that he or she may be adversely affected by the carrying out of the Scheme is entitled to:
1. make representations in writing;
2. appear at the hearing and make representations in person; or
3. instruct a barrister or solicitor advocate to appear at the hearing and make representations on his/her behalf.
It is likely that the hearing will be remote and no one will attend in person. The position will be confirmed on the website https://darag-group.com/news/cti_scheme_documents/ prior to the hearing and instructions provided as to how to attend the hearing.
If you intend to appear at the hearing in person, or to instruct someone to appear on your behalf, you are requested (though not required) to give notice of your intention to do so in writing, setting out the reasons why you believe you may be adversely affected.
You are requested to send such notice, or if you are not intending to appear in person or by your legal representative, any written representations that you may have, by close of business on 14 November 2022 to:
Bryan Cave Leighton Paisner LLP
Governor’s House
5 Laurence Pountney Hill
London, EC4R 0BR
(ref: GQUI/ZHP)
If you do not give the requested notice you will still be entitled to attend and make representations at the hearing or to instruct someone to appear and make representations on your behalf.
If the Scheme is sanctioned by the Court, it will result in the transfer of all the contracts, property, assets and liabilities of the Transferor within the scope of the Scheme to the Transferee. Notwithstanding that a person would otherwise be entitled to:
1. terminate, modify, acquire or claim an interest or right; or
2. treat an interest or right as terminated or modified,
as a result of such transfer, that entitlement will only be enforceable to the extent the order of the Court makes provision to that effect.
Bryan Cave Leighton Paisner LLP
Governor’s House, 5 Laurence Pountney Hill, London EC4R 0BR, United Kingdom
Ref: GQUI/ZHP
Solicitors for the Transferee
Tel: +44 (0)20 3400 1000 Fax: +44 (0)20 3400 1111