Investment Funds, Companies and Miscellaneous Provisions Act 2005 (No. 12)

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Version status: In force | Document consolidation status: Updated to reflect all known changes

Published date: 29 June 2005

Consolidation Status: Updated to reflect all known changes

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	Introductory Text
	Acts Referred to
	Part 1 Preliminary and General (ss. 1-5)
In force	1. Short title, collective citation and construction.
In force	2. Commencement.
In force	3. Interpretation generally.
In force	4. Orders and regulations.
In force	5. Expenses.
	Part 2 Common Contractual Funds (ss. 6-21)
In force	6. Interpretation (Part 2).
In force	7. Non-application of this Part to certain undertakings.
In force	8. Authorisation of non-UCITS common contractual funds.
In force	9. Public information and reporting on authorisation of common contractual funds.
In force	10. Powers of Bank.
In force	11. Refusal of authorisation.
In force	12. Alteration in deed of constitution of, or change in name of, common contractual fund.
In force	13. Replacement of management company or custodian.
In force	14. Obligation on management companies under common contractual funds to purchase units.
In force	15. Prohibition of certain transactions and making of certain profits by management companies, etc.
In force	16. Assets of common contractual funds.
In force	17. Liability of custodians of common contractual funds.
In force	18. Application of certain provisions of UCITS Regulations.
In force	18A. Requirement to hold information on beneficial ownership of common contractual fund.
In force	18B. Duty to give particular notice to individuals believed to be beneficial owners of common contractual fund.
In force	18C. Other particular steps that may be taken to establish identity of beneficial owners.
In force	18D. Duty to keep information in register up-to-date.
In force	18E. Duty of beneficial owner (in certain circumstances) to notify his or her status as such.
In force	18F. Duty of individual (in certain circumstances) to notify relevant change.
In force	18G. Offence for failure to comply with notice under section 18B, 18C or 18D.
In force	18H. Duty to keep and maintain a beneficial ownership register.
In force	18I. Discharge of initial central filing obligation - construction of references to that expression in sections 18J to 18P.
In force	18J. Delivery of information under sections 18M to 18P: delivery may be effected by persons external to management company (as well as by officers or employees of it).
In force	18K. Registrar of Beneficial Ownership of Common Contractual Funds.
In force	18L. Establishment and maintenance of central register.
In force	18M. Obligation of management company to deliver beneficial ownership information to Registrar and related obligations of designated person where certain discrepancies discovered.
In force	18N. Information which shall be delivered to Registrar.
In force	18O. Information to be provided by presenter.
In force	18P. Duty to keep information in beneficial ownership register and central register aligned and up-to-date.
In force	18Q. Unrestricted access to beneficial ownership information in central register.
In force	18R. Restricted access to beneficial ownership information in central register.
In force	18S. Obligations of competent authorities to report certain discrepancies to Registrar.
In force	18T. Fees may be charged for access to central register.
In force	18U. Offence for failure to comply with section 18M, 18N, 18O or 18P and supplemental provisions.
In force	19. Offences in relation to certain bodies.
In force	20. Offences under provisions of this Part.
In force	21. Penalties.
	Part 3 Amendments to Part XIII of Act of 1990 (ss. 22-28)
Repealed	22. Amendment of section 252 of Act of 1990.
Repealed	23. Amendment of section 254 of Act of 1990.
Repealed	24. Amendment of section 255 of Act of 1990.
Repealed	25. Segregated liability of sub-funds - insertion of new sections in Part XIII of Act of 1990.
Repealed	26. Amendment of section 257 of Act of 1990.
Repealed	27. Amendment of section 260 of Act of 1990.
Repealed	28. Insertion of new section 260A in Act of 1990.
	Part 4 Market Abuse (ss. 29-37)
Repealed	29. Interpretation (Part 4).
Repealed	30. Regulations (Part 4).
Repealed	31. Repeal of Part V of Act of 1990 and Companies (Amendment) Act 1999.
Repealed	32. Conviction on indictment of offences under Irish market abuse law: penalties.
Repealed	33. Civil liability for certain breaches of Irish market abuse law.
Repealed	34. Supplementary rules, etc., by competent authority.
Repealed	35. Amendment of section 33AJ of Central Bank Act 1942.
Repealed	36. Amendment of section 33AK of Central Bank Act 1942.
Repealed	37. Application of Irish market abuse law to certain markets.
	Part 5 Public Offers of Securities (ss. 38-55)
Repealed	50. Exclusion of Investment Intermediaries Act 1995.
Repealed	51. Power to make certain rules and issue guidelines.
Repealed	52. Avoidance of certain agreements.
Repealed	53. Amendment of section 53 of Act of 1963.
Repealed	54. Amendment of section 55 of Act of 1963.
Repealed	55. Amendment of section 57 of Act of 1963.
Repealed	49. Local offers.
Repealed	38. Interpretation (Part 5).
Repealed	39. Construction of certain terms in Act of 1963.
Repealed	40. Repeal of certain provisions of Act of 1963 and revocation.
Repealed	41. Civil liability for misstatements in prospectus.
Repealed	42. Section 41: exceptions and exemptions.
Repealed	43. Restriction of liability where non-equity securities solely involved.
Repealed	44. Indemnification of certain persons.
Repealed	45. Expert's consent to inclusion in prospectus of statement attributed to him or her.
Repealed	46. Regulations (Part 5).
Repealed	48. Untrue statements and omissions in prospectus: criminal liability.
Repealed	47. Penalties on conviction on indictment and defences in respect of certain offences.
	Part 6 Miscellaneous Company Law Amendments (ss. 56-74)
Repealed	72. Replacement of references to Companies Registration Office Gazette for references to Iris Oifigiúil.
Repealed	60. Section 59: supplemental provisions.
Repealed	56. Amendment of section 60 of Act of 1963.
Repealed	57. Electronic filing agents.
Repealed	58. Section 57: supplemental provisions.
Repealed	59. Reservation of company name.
Repealed	61. Amendment of section 128 of Act of 1963.
Repealed	62. Amendment of section 195 of Act of 1963.
Repealed	63. Amendment of section 302(1) of Act of 1963.
Repealed	64. Amendment of section 371(1) of Act of 1963.
Repealed	66. Amendment of section 22 of Companies (Amendment) Act 1986.
Repealed	67. Amendment of section 19 of Act of 1990.
Repealed	68. Amendment of section 20 of Act of 1990.
Repealed	69. Amendment of section 21 of Act of 1990.
Repealed	70. Amendment of section 166 of Act of 1990.
Repealed	71. Amendment of section 242 of Act of 1990.
Repealed	73. Miscellaneous amendments of Companies Acts related to penalties.
Repealed	74. Amendment of section 110A of Company Law Enforcement Act 2001.
Repealed	65. Amendment of section 12B of Companies (Amendment) Act 1982.
	Part 7 Miscellaneous Amendments (ss. 75-87)
In force	78. Amendment of section 26 of Prices Act 1958.
In force	79. Amendment of section 23 of Restrictive Practices Act 1972.
In force	80. Amendment of section 17 of Consumer Information Act 1978.
In force	81. Amendment of section 6 of Sale of Goods and Supply of Services Act 1980.
In force	82. Amendment of section 13 of Consumer Credit Act 1995.
In force	83. Amendment of sections 6 and 7 of Package Holidays and Travel Trade Act 1995.
In force	84. Amendment of section 31 of National Standards Authority of Ireland Act 1996.
In force	85. Amendment of Industrial and Provident Societies Act 1893.
In force	86. Validation.
In force	87. Amendment of section 33AN of, and Schedule 2 to, Central Bank Act 1942.
In force	77. Amendment of UCITS Regulations.
In force	75. Amendment of Irish Takeover Panel Act 1997.
In force	76. Amendment of section 45 of Competition Act 2002.
In force	Schedule - Amendment of European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2003 (S.I. No. 211 of 2003) as Amended

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