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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 1 November 2007 - onwards
Version 4 of 4

28. Direction under section 27 to be appealable.

(1) A direction given under section 27 is an appealable decision for the purposes of Part VIIA of the Central Bank Act 1942.

(2) On hearing an appeal against a direction given under section 27, the Irish Financial Services Appeals Tribunal may -

(a) hear evidence from creditors, and

(b) [not yet in force]

make such interim or interlocutory order, if any, as it thinks appropriate.

(3) While a direction made under section 27 is in force in relation to an investment firm, the following provisions apply:

(a) if the firm is a body corporate, winding-up proceedings may be commenced, and a resolution for winding-up may be passed, in relation to the firm only with the prior sanction of the Court;

(b) if the firm is an unincorporated body, proceedings for an order of dissolution may be commenced only with the prior sanction of the Court;

(c) if the firm is a sole trader, bankruptcy proceedings may be commenced only with the prior sanction of the Court;