(1) The [FCA] may apply for an order under section 423 of the 1986 Act (or Article 367 of the 1989 Order) in relation to a debtor if—
(a) at the time the transaction at an undervalue was entered into, the debtor was carrying on a regulated activity (whether or not in contravention of the general prohibition); and
(b) a victim of the transaction is or was party to an agreement entered into with the debtor, the making or performance of which constituted or was part
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