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| | Introductory Text |
| | Acts Referred to |
| | Part 1 Preliminary (ss. 1-7) |
In force | 1. Short title, commencement and collective citation. |
In force | 2. Purposes of this Act. |
In force | 3. Regulatory functions not affected. |
In force | 4. Interpretation. |
In force | 5. Regulations. |
In force | 6. Expenses of Minister and NTMA. |
In force | 7. Offences. |
| | Part 2 National Asset Management Agency (ss. 8-45) |
| | Chapter 1 Establishment, Functions and Powers (ss. 8-17) |
In force | 8. Establishment day. |
In force | 9. Establishment of NAMA. |
In force | 10. Purposes of NAMA. |
In force | 11. Functions of NAMA. |
In force | 12. Powers of NAMA. |
In force | 13. Minister's powers to issue guidelines to NAMA. |
In force | 14. Minister's powers of direction. |
In force | 15. No shadow or de facto directorship. |
In force | 16. Prevention of corruption. |
In force | 17. Liability of NAMA, etc. |
| | Chapter 2 Membership of Board and Related Matters (ss. 18-36) |
In force | 18. Functions of Board. |
In force | 19. Membership of Board. |
In force | 20. Term of office of appointed members. |
In force | 21. Remuneration, etc., of appointed members. |
In force | 22. How appointed members cease to hold office. |
In force | 23. How ex-officio members cease to be Board members. |
In force | 24. Filling of casual vacancies, etc. |
In force | 25. Nomination and remuneration, etc., of Chairperson. |
In force | 26. Meetings of Board. |
In force | 27. Electronic meetings. |
In force | 28. Resolutions by circulation of copies. |
In force | 29. Seal of NAMA, etc. |
In force | 30. Disclosure of interests. |
In force | 31. Register of Board members' interests. |
In force | 32. Audit committee, credit committee, finance committee and risk-management committee. |
In force | 33. Other committees. |
In force | 34. Indemnification of members of Board and officers of NAMA, etc. |
In force | 35. Codes of practice. |
In force | 36. Application of certain provisions of this Chapter to directors of NAMA group entities. |
| | Chapter 3 Chief Executive Officer (ss. 37-40) |
In force | 37. Appointment of first Chief Executive Officer. |
In force | 38. Chief Executive Officer's functions. |
In force | 39. Resignation of Chief Executive Officer. |
In force | 40. Removal of Chief Executive Officer from office. |
| | Chapter 4 NAMA's Relationship with NTMA (ss. 41-43) |
In force | 41. NTMA to provide resources to NAMA. |
In force | 42. NTMA to provide staff to NAMA. |
In force | 43. Suspension of officers of NAMA. |
| | Chapter 5 Contracted Service Providers (ss. 44-45) |
In force | 44. Power to engage service providers, etc. |
In force | 45. Professional standards and audit. |
| | Part 3 Finance, Planning, Accountability and Reporting (ss. 46-60) |
In force | 46. Financing arrangements, expenses and advances from Central Fund. |
In force | 47. Financing arrangements - Minister may issue debt securities. |
In force | 48. Financing arrangements - NAMA, etc., may issue debt securities. |
In force | 49. Financing arrangements - NAMA, etc., may issue subordinated debt securities. |
In force | 50. Financing arrangements - limits on borrowings. |
In force | 51. Application of Borrowing Powers of Certain Bodies Act 1996. |
In force | 52. Financing arrangements - treasury services. |
In force | 53. Annual statements. |
In force | 54. Annual accounts. |
In force | 55. Quarterly reports. |
In force | 56. Other reports to Minister. |
In force | 57. Audit of accounts by Comptroller and Auditor General. |
In force | 58. Accountability to Committee of Public Accounts. |
In force | 59. Appearances before another Oireachtas Committee. |
In force | 60. Repayment to Central Fund to redeem debt. |
| | Part 4 Designation of Credit Institutions as Participating Institutions and Designation of Eligible Bank Assets (ss. 61-71) |
| | Chapter 1 Designation of Participating Institutions (ss. 61-68) |
In force | 61. Definition (Chapter). |
In force | 62. Applications for designation as participating institution. |
In force | 63. Effect of application for designation, etc. |
In force | 64. Information, etc., to be provided in support of application for designation. |
In force | 65. Capacity of applicant credit institutions, etc. |
In force | 66. Dealings by applicant credit institutions, etc., with eligible bank assets after application for designation. |
In force | 67. Designation of participating institutions. |
In force | 68. Obligations of participating institutions. |
| | Chapter 2 Designation of Eligible Bank Assets (ss. 69-71) |
In force | 69. Eligible bank assets. |
In force | 70. Meaning of "associated debtor" in this Act. |
In force | 71. Dealings by participating institutions with eligible bank assets. |
| | Part 5 Valuation Methodology (ss. 72-79) |
In force | 72. Interpretation (Part 5). |
In force | 73. Determination of acquisition values - valuation dates, etc. |
In force | 74. Determination of acquisition values - guidelines, etc. |
In force | 75. Acquisition values. |
In force | 76. Determination of long-term economic values. |
In force | 77. Market values. |
In force | 78. Regulations in relation to certain reports. |
In force | 79. Regulations in relation to determination of values. |
| | Part 6 Acquisition of Bank Assets and Related Matters (ss. 80-111) |
| | Chapter 1 Acquisition of Bank Assets (ss. 80-98) |
In force | 80. Applicant credit institutions and participating institutions to provide information about eligible bank assets. |
In force | 81. Production of documentation, books and records for inspection. |
In force | 82. Provision of information and explanations, etc. |
In force | 83. Obligations to co-operate and act in good faith, etc. |
In force | 84. Decision about acquisition of eligible bank assets. |
In force | 85. NAMA to identify eligible bank assets for acquisition. |
In force | 86. NAMA may specify general terms and conditions of acquisition. |
In force | 87. NAMA to prepare acquisition schedule. |
In force | 88. Errors or omissions in proposed acquisition schedules. |
In force | 89. Amendment of acquisition schedule. |
In force | 90. Effect of service of acquisition schedule. |
In force | 91. Effect of service of acquisition schedule in relation to foreign bank assets. |
In force | 92. Payment for bank assets. |
In force | 93. Clawback of overpayments. |
In force | 94. Dealings with bank assets after service of acquisition schedule until date of acquisition. |
In force | 95. Books, records and title documents of participating institutions. |
In force | 96. Notice to debtors, etc., of acquisition of bank assets. |
In force | 97. NAMA to notify participating institutions of completion of acquisition process. |
In force | 98. Dispute over acquisition value. |
| | Chapter 2 Effects of Acquisition of Bank Assets (ss. 99-111) |
In force | 99. NAMA to have rights of creditors after acquisition of bank assets. |
In force | 100. Exercise of certain rights of set-off. |
In force | 101. Enforcement of certain representations, etc. |
In force | 102. Acquisition of bank assets not to affect conditions, etc. |
In force | 103. Acquisition of bank assets not to give rise to cause of action, etc. |
In force | 104. NAMA to be notified of certain matters. |
In force | 105. Acquisition of bank assets not to render NAMA liable for wrongs by participating institutions. |
In force | 106. Rights of others not affected by acquisition of bank assets, etc. |
In force | 107. NAMA not required to register certain instruments, etc. |
In force | 108. NAMA, etc., may give certificates in relation to bank assets held. |
In force | 109. NAMA, etc., may give certain directions in relation to bank assets. |
In force | 110. Effect of acquisition of bank assets on certain other rights. |
In force | 111. Minister's power to modify application of section 110. |
| | Part 7 Review of Decisions Relating to Acquisition (ss. 112-127) |
| | Chapter 1 Expert Reviewer (ss. 112-118) |
In force | 112. Appointment and functions of expert reviewer. |
In force | 113. Procedure of expert reviewer. |
In force | 114. Objections to proposed acquisition of bank assets. |
In force | 115. Materials, etc., to be made available to expert reviewer. |
In force | 116. Opinion of expert reviewer. |
In force | 117. Confirmation by Minister of acquisition, etc. |
In force | 118. Costs. |
| | Chapter 2 Review of Valuations (ss. 119-127) |
In force | 119. Appointment of valuation panel. |
In force | 120. Procedure of valuation panel. |
In force | 121. Objection to value placed on bank assets acquired from participating institution. |
In force | 122. Dispute over total portfolio acquisition value. |
In force | 123. Material, etc., to be made available to valuation panel. |
In force | 124. Review by valuation panel. |
In force | 125. Minister's determination. |
In force | 126. Withdrawal of dispute. |
In force | 127. Costs of review of valuations. |
| | Part 8 Relationship between NAMA and Participating Institutions (ss. 128-136) |
In force | 128. Definition (Part 8). |
In force | 129. Participating institutions to act in utmost good faith. |
In force | 130. Breach of statutory requirements. |
In force | 131. Servicing of acquired bank assets by participating institutions. |
In force | 132. Other servicing arrangements. |
In force | 133. NAMA may give directions about certain bank assets not acquired. |
In force | 134. Additional payment on servicing of acquired bank assets. |
In force | 135. Participating institutions to indemnify NAMA. |
In force | 136. Participating institutions to be agent of subsidiaries, etc. |
| | Part 9 Powers of NAMA in Relation to Assets (ss. 137-179) |
| | Chapter 1 Definitions (s. 137) |
In force | 137. Definitions (Part 9). |
| | Chapter 2 General Powers of NAMA in Relation to Assets (ss. 138-146) |
In force | 138. Interpretation (Chapter 2). |
In force | 139. NAMA's powers to dispose of bank assets. |
In force | 140. Power to discharge prior charge. |
In force | 141. Power of entry to protect value or condition of land or buildings. |
In force | 142. Certain instruments by NAMA to be taken to be deeds. |
In force | 143. Overreaching for protection of purchasers. |
In force | 144. Effect of certain assurances of land. |
In force | 145. Certain receivers not obliged to sell property, etc. |
In force | 146. Powers of NAMA to enforce securities, etc. |
| | Chapter 3 Statutory Receivers (ss. 147-151) |
In force | 147. NAMA's power to appoint statutory receivers. |
In force | 148. Powers of statutory receivers. |
In force | 149. Statutory receiver to be agent of chargor, etc. |
In force | 150. Appointment of liquidator or examiner to companies whose assets are under control of statutory receiver. |
In force | 151. Statutory receiver not obliged to sell property, etc. |
| | Chapter 4 Vesting Orders (ss. 152-156) |
In force | 152. Application to Court. |
In force | 153. Vesting orders. |
In force | 154. Prior chargee's right to payment. |
In force | 155. Effect of vesting order. |
In force | 156. Title of purchaser not impeachable. |
| | Chapter 5 Compulsory Acquisition of Land (ss. 157-171) |
In force | 157. Definitions (Chapter 5). |
In force | 158. NAMA's powers to acquire land compulsorily. |
In force | 159. Application to Court for acquisition order. |
In force | 160. Initial notice of acquisition. |
In force | 161. Maps, plans and books to be deposited. |
In force | 162. Consideration by Court of objections. |
In force | 163. Acquisition order. |
In force | 164. Notice to treat. |
In force | 165. NAMA's power to take possession. |
In force | 166. Determination of compensation. |
In force | 167. Court may make compulsory transfer order. |
In force | 168. NAMA to inform Revenue Commissioners if certain liabilities exist. |
In force | 169. Form and effect of compulsory transfer order. |
In force | 170. Effect of compulsory acquisition without compulsory transfer order. |
In force | 171. Service of notices. |
| | Chapter 6 General Powers in Relation to Land (ss. 172-173) |
In force | 172. Limitations on certain dealings in land, etc. |
In force | 173. Set-off of compensation. |
| | Chapter 7 Powers in Relation to Development of Land (ss. 174-179) |
In force | 174. Interpretation (Chapter 7). |
In force | 175. Application (Chapter 7). |
In force | 176. Development of land. |
In force | 177. NAMA to have certain contractual rights of land developers. |
In force | 178. Designs and planning documents for land development. |
In force | 179. Limitation of right to renewal of certain business tenancies. |
| | Part 10 Legal Proceedings (ss. 180-195) |
| | Chapter 1 Interpretation (s. 180) |
In force | 180. Interpretation (Part 10). |
| | Chapter 2 Legal Proceedings Commenced on or after 30 July 2009 (ss. 181-182) |
In force | 181. Application (Chapter 2). |
In force | 182. Damages to be only remedy for certain claims. |
| | Chapter 3 Legal Proceedings Generally (ss. 183-195) |
In force | 183. Application (Chapter 3). |
In force | 184. Conduct of legal proceedings in relation to acquired bank assets. |
In force | 185. Effect of acquisition, etc., of bank assets on legal proceedings - participating institution plaintiff, etc. |
In force | 186. Effect of acquisition of bank assets on legal proceedings - NAMA, etc., may enforce judgment. |
In force | 187. Effect of acquisition of bank assets on legal proceedings where participating institution not plaintiff. |
In force | 188. Conduct of proceedings. |
In force | 189. Costs. |
In force | 190. Evidence - amount of debt due. |
In force | 191. Evidence - application of Bankers' Books Evidence Act 1879. |
In force | 192. Limitation of power to grant injunctive relief. |
In force | 193. Limitation of judicial review. |
In force | 194. Limitation of certain rights of appeal to the Supreme Court. |
In force | 195. Lites pendentes to have no effect, etc. |
| | Part 11 Use of Information (ss. 196-205) |
In force | 196. Definition (Part 11). |
In force | 197. Deemed consent to disclosure of information. |
In force | 198. Duty of confidentiality, etc., not contravened by provision of information or production of documents and books for inspection. |
In force | 199. Duty of confidentiality, etc., not contravened by provision of information to, or production of documents and books for inspection by, potential purchasers. |
In force | 200. Obligation to provide information, etc., to NAMA, etc., extends to provision to advisers. |
In force | 201. Operation of Data Protection Acts 1988 and 2003. |
In force | 202. Disclosure of confidential information. |
In force | 203. Obligation to pass certain information to law-enforcement authorities. |
In force | 204. Provision of information to Revenue Commissioners. |
In force | 205. Disclosure by regulatory authorities. |
| | Part 12 Conduct of Participating Institutions (ss. 206-210) |
In force | 206. Directions in relation to conduct of participating institutions. |
In force | 207. Reporting by participating institutions. |
In force | 208. Restructuring plans. |
In force | 209. Compliance with directions. |
In force | 210. Guidelines regarding lending practices. |
| | Part 13 Miscellaneous (ss. 211-225) |
In force | 211. Avoidance of certain transactions. |
In force | 212. Provision of tax information to NAMA. |
In force | 213. NAMA, etc., not to make payments in certain circumstances. |
In force | 214. NAMA exempt from certain taxes. |
In force | 215. Disapplication of certain provisions of Competition Act 2002 and Credit Institutions (Financial Support) Act 2008. |
In force | 216. NAMA, etc., not to be taken to be carrying on banking business, etc. |
In force | 217. Application of laws in relation to netting agreements, etc. |
In force | 218. Certain bank assets not invalidated. |
In force | 219. Nothing done under Act to be reorganisation or winding-up measure. |
In force | 220. Operation of certain provisions of Land Registration Rules 1972 to 2008. |
In force | 221. Offence of lobbying NAMA, etc. |
In force | 222. Protection from civil liability of persons who report certain misconduct. |
In force | 223. Prohibition on penalisation. |
In force | 224. False statements. |
In force | 225. Surcharge on participating institutions. |
| | Part 14 Review of NAMA (ss. 226-227) |
In force | 226. Triennial review of NAMA's progress. |
In force | 227. Review of achievement of NAMA's purposes. |
| | Part 15 Amendment and Modification of other Enactments (ss. 228-241) |
In force | 228. Operation of certain provisions of Companies Act 1963. |
In force | 229. Operation of certain provisions of Companies (Amendment) Act 1983. |
In force | 230. Disapplication of section 7 of Official Languages Act 2003. |
In force | 231. Amendment of Building Societies Act 1989. |
In force | 232. Amendment of Central Bank Act 1942. |
In force | 233. Amendment of Companies Act 1963. |
In force | 234. Amendment of Companies (Amendment) Act 1990. |
In force | 235. Amendment of Finance Act 1970. |
In force | 236. Amendment of Landlord and Tenant (Amendment) Act 1980. |
In force | 237. Amendment of National Treasury Management Agency Act 1990. |
In force | 238. Amendment of Planning and Development Act 2000. |
In force | 239. Amendment of Stamp Duties Consolidation Act 1999. |
In force | 240. Amendment of Taxes Consolidation Act 1997. |
Repealed | 241. Amendment of Value-Added Tax Act 1972. |
In force | Schedule 1 Powers of Statutory Receivers |
In force | Schedule 2 Redress for Contravention of section 223 (3) |
| | Schedule 3 Amendments of Other Acts |
In force | Schedule 3, Part 1 Amendment of Building Societies Act 1989 |
In force | Schedule 3, Part 2 Amendment of Central Bank Act 1942 |
In force | Schedule 3, Part 3 Amendment of Companies Act 1963 |
In force | Schedule 3, Part 4 Amendments of Companies (Amendment) Act 1990 |
In force | Schedule 3, Part 5 Amendment of Finance Act 1970 |
In force | Schedule 3, Part 6 Amendments of Landlord and Tenant (Amendment) Act 1980 |
In force | Schedule 3, Part 7 Amendments of National Treasury Management Agency Act 1990 |
In force | Schedule 3, Part 8 Amendment of Planning and Development Act 2000 |
In force | Schedule 3, Part 9 Amendment of Stamp Duties Consolidation Act 1999 |
In force | Schedule 3, Part 10 Amendments of Taxes Consolidation Act 1997 |
Repealed | Schedule 3, Part 11 Amendments of Value-Added Tax Act 1972 |
