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Version status: Revoked | Document consolidation status: Updated to reflect all known changes
Published date: 21 December 2017

Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2017 [S.I. No. 604 of 2017]

Comparing proposed amendment...
Introductory Text
Part 1 Preliminary and General (regs. 1-3)
Revoked
Regulation 1 Citation and commencement
Revoked
Regulation 2 Interpretation
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Regulation 3 Scope and application
Part 2 General Supervisory Requirements for Investment Firms (regs. 4-8)
Chapter 1 General Requirements (regs. 4-7)
Revoked
Regulation 4 Relationship with the Bank
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Regulation 5 Acquisition and disposal of assets
Revoked
Regulation 6 Internal audit requirements
Revoked
Regulation 7 Change in auditor
Chapter 2 Reporting Requirements (reg. 8)
Revoked
Regulation 8 General reporting requirements for investment firms
Part 3 Additional Supervisory Requirements for Investment Business Firms (regs. 9-13)
Revoked
Regulation 9 Organisational requirements - general
Revoked
Regulation 10 Organisational requirements - appointment of a compliance officer
Revoked
Regulation 11 Client borrowing
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Regulation 12 Books, records, financial control and management information
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Regulation 13 Telephone recordings
Part 4 Fund Administrator Requirements (regs. 14-26)
Chapter 1 Organisational Requirements (regs. 14-15)
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Regulation 14 Directors
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Regulation 15 Client Assets
Chapter 2 Outsourcing Requirements (regs. 16-25)
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Regulation 16 Scope
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Regulation 17 Prohibition on outsourcing in certain circumstances
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Regulation 18 Outsourcing proposal notification to the Bank
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Regulation 19 Check and release of the Final NAV and prohibition on outsourcing of the maintenance of the shareholder register
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Regulation 20 Management of outsourcing risks
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Regulation 21 Outsourcing requirements - general
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Regulation 22 Documented policy on outsourcing
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Regulation 23 Outsourcing to be subject to a written agreement
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Regulation 24 Chain outsourcing
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Regulation 25 Annual return - outsourcing
Chapter 3 Miscellaneous (reg. 26)
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Regulation 26 Fund prospectus
Part 5 Own Funds and Capital Adequacy Requirements for Fund Administrators (regs. 27-46)
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Regulation 27 Interpretation
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Regulation 28 Fund administrator own funds requirement
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Regulation 29 Expenditure requirement - calculation
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Regulation 30 Expenditure requirement - notification of material change to Bank
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Regulation 31 Own funds
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Regulation 32 Common Equity Tier 1 - items
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Regulation 33 Common Equity Tier 1 - prudential filters and deductions
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Regulation 34 Additional Tier 1 - items
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Regulation 35 Additional Tier 1 - deductions
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Regulation 36 Tier 2 - items
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Regulation 37 Tier 2 - maturity of instruments
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Regulation 38 Tier 2 - deductions
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Regulation 39 Qualification
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Regulation 40 Permissions required
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Regulation 41 Own funds transitional measures
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Regulation 42 Own funds breaches or potential breaches
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Regulation 43 Fund administrator eligible assets
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Regulation 44 Risk analysis and capital adequacy assessment process
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Regulation 45 Own funds plan
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Regulation 46 Wind down plan
Part 6 Client Asset Requirements (regs. 47-69)
Revoked
Regulation 47 Interpretation
Chapter 1 General Requirements (regs. 48-58)
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Regulation 48 Segregation
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Regulation 49 Holding and depositing client funds
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Regulation 50 Holding and depositing client financial instruments
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Regulation 51 Registration of client financial instruments
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Regulation 52 Designation
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Regulation 53 Funds facilities agreement and financial instruments facilities agreement
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Regulation 54 Verification and third party confirmations
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Regulation 55 Collateral margined transactions
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Regulation 56 Securities financing transactions
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Regulation 57 Reconciliation
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Regulation 58 Daily calculation
Chapter 2 Client Disclosure (regs. 59-61)
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Regulation 59 Information to be provided to clients in the terms of business
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Regulation 60 Client assets key information document
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Regulation 61 Statement of client financial instruments or client funds
Chapter 3 Client Consent (reg. 62)
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Regulation 62 Client consent requirements
Chapter 4 Risk Management and Assurance (regs. 63-65)
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Regulation 63 Risk management
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Regulation 64 Client asset management plan
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Regulation 65 Client asset examination
Chapter 5 Outsourcing, Record-Keeping and Reporting Requirements (regs. 66-68)
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Regulation 66 Outsourcing requirements
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Regulation 67 Record-keeping - general requirements
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Regulation 68 Reporting requirements
Chapter 6 Miscellaneous (reg. 69)
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Regulation 69 Application of provisions
Part 7 Investor Money Requirements (regs. 70-83)
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Regulation 70 Interpretation
Chapter 1 General Requirements (regs. 71-77)
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Regulation 71 General requirements and segregation
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Regulation 72 Holding and depositing investor money
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Regulation 73 Designation
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Regulation 74 Investor money facilities agreement
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Regulation 75 Verification and third party confirmations
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Regulation 76 Reconciliation
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Regulation 77 Daily calculation
Chapter 2 Risk Management (regs. 78-80)
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Regulation 78 Risk management
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Regulation 79 Investor money management plan
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Regulation 80 Investor money examination
Chapter 3 Outsourcing, Record-keeping and Reporting Requirements (regs. 81-83)
Revoked
Regulation 81 Outsourcing requirements
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Regulation 82 Record keeping - general requirements
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Regulation 83 Reporting requirements
Part 8 Market Operators (regs. 84-96)
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Regulation 84 Interpretation
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Regulation 85 General capital requirement framework
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Regulation 86 Basic capital requirement
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Regulation 87 MORCAAP amount
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Regulation 88 Systemic capital add-on
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Regulation 89 MORCAAP - Internal assessment of capital required in stressed market conditions
Revoked
Regulation 90 MORCAAP - Capital required for orderly wind down
Revoked
Regulation 91 MORCAAP - Board approval
Revoked
Regulation 92 MORCAAP - Capital add-ons
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Regulation 93 MORCAAP - Documentation and submission to the Bank
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Regulation 94 Capital requirement framework report
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Regulation 95 General liquidity requirement
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Regulation 96 Liquid financial assets
Part 9 Revocations and saver (regs. 97-98)
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Regulation 97 Revocations
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Regulation 98 Saver
Schedule - Reporting Requirements
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Schedule, Part 1
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Schedule, Part 2
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Schedule, Part 3
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Schedule, Part 4
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Schedule, Part 5
Revoked
Schedule, Part 6
Revoked
Schedule, Part 7
Given under
Explanatory Note