IN THE MATTER OF MF GLOBAL UK LIMITED (in special administration) AND IN THE MATTER OF THE INVESTMENT BANK SPECIAL ADMINISTRATION APPLICATION

Transcription

1 CM Resolution Application No 9527 of 2011 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION COMPANIES COURT IN THE MATTER OF MF GLOBAL UK LIMITED (in special administration) AND IN THE MATTER OF THE INVESTMENT BANK SPECIAL ADMINISTRATION REGULATIONS 2011 APPLICATION TAKE NOTICE that: (1) MF Global UK Limited (in special administration) ("MFGUK") as trustee of the trust of client money (the "Client Money Trust") under the client money rules ("CASS 7") including the client money distribution rules ("CASS 7A") of which the "firm" within the meaning of CASS 7.7.2R is MFGUK; and (2) Richard Heis, (3) Michael Robert Pink and (4) Richard Dixon Fleming of KPMG, 8 Salisbury Square, London EC4Y 8BB, the joint administrators of MF Global UK Limited (the "Administrators"), intend to apply to the Honourable Mr Justice David Richards pursuant to: (a) paragraph 63 of Schedule B1 ("Schedule B1") to the Insolvency Act 1986 (the "Act") as applied to these proceedings without modification by regulation 15 of The Investment Bank Special Administration Regulations 2011 (the "Regulations"); (b) the inherent jurisdiction of the Court and/or Civil Procedure Rule 64.2, and (c) paragraph 7 of the Judge's Order dated 11 June 2013 in these proceedings and Rule 11(2) of the procedure ("the Client Money Distribution Procedure") which was attached as Schedule A to that Order, EUW ACTIVE: \5\

2 T with an initial procedural hearing on Date: Time: Place: For the following directions: Substantive directions (to be heard in July) 1. That MFGUK (as trustee of the Client Money Trust) and the Administrators (on behalf the MFGUK general estate) shall be at liberty to enter into a full and final settlement agreement (the "Settlement"): (a) compromising and releasing all tracing and other claims between the Client Money Trust and the MFGUK general estate; (b) transferring all remaining non-cash assets from the Client Money Trust to the MFGUK general estate; and (c) providing for other consideration each way, on the terms agreed pursuant to the procedure set out at paragraphs 6 to 18 below, in order to facilitate a final distribution of client money and termination of the Client Money Trust. 2. That the Administrators may release the provisions they have made pursuant Rule 11(1) of the Client Money Distribution Procedure for clients who have not submitted client money proofs, and may distribute the released funds in accordance with the Client Money Distribution Procedure (as modified by this Order) to the holders of admitted client money proofs. 2 EUWACTIVE:\ \5\

3 3. That the Administrators need make no further provisions pursuant to Rule 11(1) of the Client Money Distribution Procedure. 4. That MFGUK's costs of and occasioned by the Application shall be paid as costs properly attributable to the distribution of the Client Money Trust within the meaning of CASS 7.7.2R(4). 5. That the Administrators' costs of and occasioned by the Application shall be paid from the MFGUK general estate as an expense of the special administration. Procedural directions (to be heard in May) 6. A hearing be fixed for [date] July 2014 (with one day for pre-reading on [date] July 2014) before the Honourable Mr Justice David Richards for the Court to hear argument as to the substantive directions to be given with respect to paragraphs 1 to 5 above ("the Substantive Hearing"). 7.TFor the purposes of the negotiation and consummation of the Settlement and for the purposes of the Substantive Hearing: (a) Richard Dixon Fleming shall represent MFGUK as trustee of the Client Money Trust (the "CMP Administrator"); (b) Richard Heis shall represent MFGUK's general estate (the "General Estate Administrator"); and (c) the CMP Administrator and the General Estate Administrator shall engage separate legal teams, which may be supplied by the same firm. 8.TIf a Settlement is agreed in principle between the CMP Administrator and the General Estate Administrator, the General Estate Administrator shall write to all known clients and creditors to inform them of that agreement, where the terms of that agreement can be accessed electronically or the process by which a hardcopy can be made available, and to give them notice of the Substantive Hearing. The 3 EUW_ACTIVE:\ \

4 General Estate Administrator shall send the notices by 4.30 pm on [date 28 days before the Substantive Hearing]. 9. Pursuant to Civil Procedure Rule 3.1(g) and (m), this Application shall be deemed to incorporate a Part 8 Claim Form issued by MFGUK as trustee of the Client Money Trust for the purposes of Civil Procedure Rule Provided that the General Estate Administrator writes to all known clients and creditors in accordance with paragraph 8 above, pursuant to Civil Procedure Rule 8.2A and paragraph 4.2 of Practice Direction 64B no other party need formally be joined to the Application. 11. The CMP Administrator and General Estate Administrator shall file any additional evidence by 4.30 pm on [date 14 days before the Substantive Hearing]. 12. Any creditor or client of MFGUK who wishes to be represented at the Substantive Hearing must file and serve notice of the relief they are seeking, together with any evidence in support, as soon as possible and in any event by 4.30 pm on [date 7 days before the Substantive Hearing]. 13. The General Estate Administrator shall lodge an Application bundle at Court by 4.30 pm on [date 3 days before the Substantive Hearing]. 14. The General Estate Administrator, the CMP Administrator and any creditor or client of MFGUK wishing to be represented at the Substantive Hearing shall lodge and exchange skeleton arguments by 4.30 pm on [date 2 days before the Substantive Hea ring]. 15. Any notice to be sent by the General Estate Administrator or the CMP Administrator to a client or creditor may be sent by , fax or post. For these purposes, the General Estate Administrator and the CMP Administrator shall use the primary address, fax number or address recorded on the MFGUK customer information system. 4 EUWACTIVE:\ \ 5\

5 16. The General Estate Administrator and the CMP Administrator are at liberty to state, in the first or any subsequent notice, that all further notices shall be given by way of advertisement on the MFGUK pages of the KPMG website only ( In that event, the subsequent notices need only be advertised on the website and need not be sent to clients or creditors. 17. Any notices or legal proceedings to be sent to or served on the General Estate AdministratorTor thetcmptadministratortmusttbet ed to with a hard copy delivered for the attention of the General Estate Administrator and/or the CMP Administrator (as appropriate) to: MF Global UK Limited (in special administration), c/o KPMG LLP, 8 Salisbury Square, London EC4Y 8BB, England. 18. Liberty to apply. For such further or other relief as the Court sees fit to grant in all the circumstances. A draft order in the terms of the order sought by the Administrators is attached to this Application. The Administrators will file evidence in support of this Application in advance of the initial return date of the Application. Notice of this Application will be given to the Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS. The Administrators' address for service is c/o Weil, Gotshal & Manges, 110 Fetter Lane, London EC4A lay (reference: Adam Plainer / Mark Lawford). Signed:Tut)a.,,,t1,,m, 7- itt Weil, Gotshal & Manges Dated 7 April 2014 It is not intended that this Application be served on any person. 5 EUWACTIVE:\ \5\

6 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION COMPANIES COURT No 9527 of 2011 IN THE MAUER OF MF GLOBAL UK LIMITED (in special administration) AND IN THE MATTER OF THE INVESTMENT BANK SPECIAL ADMINISTRATION REGULATIONS 2011 APPLICATION Solicitors for the Administrators Weil, Gotshal & Manges 110 Fetter Lane London EC4A lay Tel: Fax: Ref: MJL/TL/ EUW ACTIVE: \5\