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| Introductory Text |
| Acts Referred to |
| Part 1 Preliminary and general (ss. 1-8) |
| Chapter 1 Preliminary (ss. 1-4) |
In force | 1. Short title and commencement |
In force | 2. Definitions |
In force | 2A. Supplemental interpretation provisions regarding ordinary and special resolutions |
In force | 3. Power to make regulations |
In force | 4. Expenses |
| Chapter 2 Creation of ICAVs and carrying on of business (ss. 5-8B) |
In force | 5. Creation of ICAV with limited liability |
In force | 6. Instrument of incorporation |
In force | 7. Registered office and head office |
In force | 8. Carrying on of business |
In force | 8A. Capacity not limited by an ICAV's instrument of incorporation |
In force | 8B. Effect of instrument of incorporation |
| Part 2 Registration and authorisation of ICAVs etc. (ss. 9-37) |
| Chapter 1 Registration (ss. 9-16) |
In force | 9. Registration order |
In force | 10. Application for registration order |
In force | 11. Contents of statement required by section 10(2)(b)(ii) |
In force | 12. Making of registration order |
In force | 13. Requirements referred to in section 12(1)(a)(ii) |
In force | 14. Registration of certain matters following making of registration order |
In force | 15. Commencement of registration order |
In force | 16. Decision to refuse registration order |
| Chapter 2 Authorisation and approval (ss. 17-28) |
In force | 17. Authorisation |
In force | 18. Application for authorisation |
In force | 19. Grant of authorisation |
In force | 20. Decision to refuse authorisation |
In force | 21. Appointment and approval of depositary |
In force | 22. Application for approval of management company |
In force | 23. Approval of management company |
In force | 24. Refusal to approve management company |
In force | 25. Authorisation or approval not a warranty |
In force | 26. Revocation of authorisation |
In force | 27. Imposition of conditions by Bank |
In force | 28. Prohibition on carrying on business as ICAV unless authorised etc. |
| Chapter 3 Names and changes in instrument of incorporation (ss. 29-31) |
In force | 29. Name of ICAV |
In force | 30. Approval for change of name |
In force | 31. Alteration in instrument of incorporation |
| Chapter 4 Execution of documents, seals, etc. (ss. 32-34A) |
In force | 32. Execution of documents |
In force | 33. Common seal |
In force | 34. Official seal for share certificates |
In force | 34A. Powers of attorney |
| Chapter 5 Sub-funds of umbrella funds (ss. 35-37) |
In force | 35. Segregated liability of ICAV sub-funds |
In force | 36. Requirements to be complied with by, and other matters respecting, an umbrella fund |
In force | 37. Further matters about umbrella funds |
| Part 3 Shares and debentures etc. (ss. 38-55) |
In force | 38. Power to issue shares and debentures |
In force | 39. Share certificates |
In force | 40. Evidence of share certificate |
In force | 41. Nature of shareholding |
In force | 42. Transfer of registered shares |
In force | 43. Refusal to register transfer of shares |
In force | 44. Certification of transfer of shares |
In force | 45. Transfer: supplementary |
In force | 46. Power to purchase own shares |
In force | 47. Treatment of purchased shares |
In force | 48. Membership |
In force | 49. Register of members |
In force | 50. Inspection of register of members |
In force | 51. Consequences of failure to comply with requirements as to register owing to agent's default |
In force | 52. Rectification of register |
In force | 53. Trusts not to be entered on the register |
In force | 54. Register as evidence |
In force | 55. Power of members to complain of oppressive conduct |
| Part 4 Directors and other officers (ss. 56-87) |
| Chapter 1 Appointment, removal etc. (ss. 56-68) |
In force | 56. Number of directors |
In force | 57. Secretary |
In force | 58. Prohibition on body corporate being director |
In force | 59. Avoidance of acts done by person in dual capacity as director and secretary |
In force | 60. Validity of acts of directors |
In force | 61. Appointment of directors to be voted on individually |
In force | 62. Removal of directors |
In force | 63. Prohibition of undischarged bankrupt acting as officer etc. of ICAV |
In force | 64. Examination as to solvency status of director etc. |
In force | 65. Register of directors and secretaries |
In force | 66. Provisions supplementary to section 65 |
In force | 67. Entitlement to notify Bank of changes if section 65(6) contravened |
In force | 68. Particulars relating to directors to be shown on all business letters |
| Chapter 2 Controls of directors (ss. 69-77A) |
In force | 69. Prohibition of tax-free payments to directors |
In force | 70. Payment of compensation |
In force | 71. Duty of director to disclose payments made in connection with transfer of shares |
In force | 72. Sections 70 and 71: supplementary |
In force | 73. Contracts of employment of directors |
In force | 74. Section 73: anti-avoidance |
In force | 75. Prohibition of loans etc. to directors and connected persons |
In force | 76. Section 75: supplementary |
In force | 77. Section 75: connected persons |
In force | 77A. Intra-group transactions |
| Chapter 3 Other matters (ss. 78-87) |
In force | 78. Fiduciary duties of directors of ICAVs |
In force | 79. Statement of principal fiduciary duties of directors of ICAVs |
In force | 80. Directors to have regard to interests of employees |
In force | 81. Register of shareholdings of directors etc. |
In force | 82. Disclosure for purposes of section 81 |
In force | 83. Declaration of interest in contracts |
In force | 84. Breaches of certain duties: liability to account and indemnify |
In force | 85. Power of court to grant relief to officers of ICAV |
In force | 85A. Anticipated claim: similar power of relief as under section 85 |
In force | 86. Restrictions on directors of insolvent ICAVs |
In force | 87. Disqualification of directors etc. |
| Part 5 Meetings (ss. 88-91) |
In force | 88. Minutes of meetings |
In force | 89. Annual general meetings |
In force | 90. Extraordinary general meetings |
In force | 91. Convening of extraordinary general meetings by members |
| Part 5A Written resolution (ss. 91A-91C) |
In force | 91A. Unanimous written resolutions |
In force | 91B. Majority written resolutions |
In force | 91C. Supplemental provisions in relation to section 91B |
| Part 6 Charges and debentures (ss. 92-108) |
| Chapter 1 Interpretation (s. 92) |
In force | 92. Definitions |
| Chapter 2 Registration of charges and priority (ss. 93-103) |
In force | 93. Registration of charges created by ICAVs |
In force | 94. Duty of ICAV with respect to registration under section 93 and right of others to effect registration |
In force | 95. Duty of ICAV to register charges existing on property acquired |
In force | 96. Priority of charges |
In force | 97. Registration of judgment mortgages |
In force | 98. Register of charges |
In force | 99. Certificate of registration |
In force | 100. Entries of satisfaction and release of property from charge |
In force | 101. Extension of time for registration of charges and rectification of register |
In force | 102. Copies of instruments creating charges to be kept |
In force | 103. Netting of Financial Contracts Act 1995 not to affect registration requirements |
| Chapter 3 Provisions as to debentures (ss. 104-107) |
In force | 104. Liability of trustees for debenture holders |
In force | 105. Perpetual debentures |
In force | 106. Power to re-issue redeemed debentures |
In force | 107. Specific performance of contracts to subscribe for debentures |
| Chapter 4 Prohibition on registration of certain matters affecting shareholders (s. 108) |
In force | 108. Registration against ICAV of certain matters prohibited |
| Part 7 Accounts, reports and auditing (ss. 109-139) |
| Chapter 1 Accounting records (ss. 109-115) |
In force | 109. Obligation to keep adequate accounting records |
In force | 110. Basic requirements for accounting records |
In force | 111. Where accounting records are to be kept |
In force | 112. Access to accounting records |
In force | 113. Retention of accounting records |
In force | 114. Accounting records: offences |
In force | 115. Personal liability of officers where adequate accounting records not kept |
| Chapter 2 Annual accounts (ss. 116-117) |
In force | 116. Annual accounts |
In force | 117. Accounts to include information about directors |
| Chapter 3 Directors' reports (ss. 118-119) |
In force | 118. Directors' report |
In force | 119. Revised directors' reports |
| Chapter 4 Audit (ss. 120-139) |
In force | 120. Auditor reports on accounts |
In force | 121. Consideration by auditor of consistency of directors' report with ICAV's accounts |
In force | 122. Duty of auditor in relation to suspected commission of indictable offence |
In force | 123. Eligibility to be auditor |
In force | 124. Auditor acting where ineligible |
In force | 125. Appointment of auditors |
In force | 126. Casual vacancy |
In force | 127. Partnerships |
In force | 128. Auditor's access to records |
In force | 129. Rights of auditors |
In force | 130. Remuneration of auditors |
In force | 131. Power of competent authority |
In force | 132. Removal of auditor |
In force | 133. Resolution for removal of auditor |
In force | 134. Auditor who has been removed |
In force | 135. Resignation of auditor |
In force | 136. Statement of circumstances |
In force | 137. Auditor who has resigned |
In force | 138. Requirements consequent on ceasing to hold office |
In force | 139. Withdrawal of approval |
| Part 8 Conversions of investment company or UCITS to ICAV (ss. 140-144) |
In force | 140. Conversion of investment company or UCITS to ICAV |
In force | 141. Declaration of solvency |
In force | 142. Registration pursuant to application for conversion |
In force | 143. Further statutory declarations |
In force | 144. Failure to comply |
| Part 9 Migration (ss. 145-152) |
| Chapter 1 Migration-in to become ICAV (ss. 145-148) |
In force | 145. Definitions |
In force | 146. Registration documents |
In force | 147. Continuation of migrating body |
In force | 148. Supplementary provision in relation to section 147 |
| Chapter 2 De-registration following migration out (ss. 149-151) |
In force | 149. Definitions |
In force | 150. De-registration of ICAVs when continued under law of place outside the State |
In force | 151. Provisions supplementary to section 150 |
| Chapter 3 Declaration of solvency (s. 152) |
In force | 152. Statutory declaration as to solvency |
| Part 10 Receivers and winding up (ss. 153-154) |
| Chapter 1 Receivers (s. 153) |
In force | 153. Receivers |
| Chapter 2 Winding up (s. 154) |
In force | 154. Winding up |
| Part 11 Strike off and restoration (ss. 155-172) |
| Chapter 1 Strike off of ICAV (ss. 155-165) |
In force | 155. When Bank may strike ICAV off register |
In force | 156. Grounds for involuntary strike off |
In force | 157. Bank's notice to ICAV of intention to strike it off register |
In force | 158. Contents of Bank's notice to ICAV |
In force | 159. Meaning of remedial step |
In force | 160. Public notice of intention to strike ICAV off register |
In force | 161. Conditions for voluntary strike off |
In force | 162. Public notice in case of voluntary strike off |
In force | 163. Striking off (involuntary and voluntary cases) and dissolution |
In force | 164. Effect of removal and dissolution |
In force | 165. Power of Bank to obtain information |
| Chapter 2 Restoration of ICAV to register (ss. 166-172) |
In force | 166. Application of Chapter |
In force | 167. Restoration on application to Bank |
In force | 168. Restoration on application to High Court |
In force | 169. Requirements for application to High Court under section 168 |
In force | 170. Terms of High Court order on application under section 168 |
In force | 171. High Court order for restoration on application of Bank |
In force | 172. Supplementary High Court orders |
| Part 12 Investigations, compliance and enforcement (ss. 173-181) |
In force | 173. Investigations |
In force | 174. Compliance orders |
In force | 175. Restraining directors and others from removing assets |
In force | 176. Agency with responsibility for enforcement of offences |
In force | 177. District court district within which summary proceedings may be brought |
In force | 178. Application of other provisions relating to offences |
In force | 179. Special provisions applying where default in delivery of documents to Bank |
In force | 180. General Offences |
In force | 181. Evidential matters |
| Part 13 Miscellaneous (ss. 182-192) |
In force | 182. Registration and inspection of documents |
In force | 183. Mergers involving ICAV |
In force | 184. Taxation |
In force | 185. Fees |
In force | 186. Categories of offences |
In force | 187. Amendments of UCITS Regulations |
In force | 188. Adaptation of certain provisions of UCITS Regulations |
In force | 189. Amendments of Central Bank Act 1942 |
In force | 190. Exemption from liability void |
In force | 191. Notice, etc. |
In force | 192. Director of Corporate Enforcement |
In force | Schedule - Accounts |