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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 2004 - onwards
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31. Determination that an investment firm cannot meet its obligations.

(1) Where it appears to the supervisory authority that an investment firm is unable for the time being, for reasons which are directly related to its financial circumstances, to meet its obligations arising from claims by clients and to have no reasonably foreseeable opportunity of being able to do so, the supervisory authority shall serve notice on the investment firm that it proposes to make a determination to that effect.

(2) A determination made by the supervisory authority in accordance with this section is an appealable decision for the purposes of Part VIIA of the Central Bank Act 1942.

(3) Such a determination does not take effect until -

(a) the end of the period within which an appeal against the determination may be lodged under Part VIIA of the Central Bank Act 1942, or

(b) [not yet in force]

if an appeal is lodged against the determination within that period -

(i) the confirmation of the determination by the Irish Financial Services Appeals Tribunal on the hearing of the

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