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Investment Intermediaries Act, 1995 (No. 11)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-7)1. Short title and commencement.2. Interpretation.3. Service of notices.4. Supervisory authority.5. Amendment of definitions.6. Expenses.7. Laying of regulations before Houses of the Oireachtas.Part II Authorisation (ss. 8-19)8. Competent authority.9. Prohibition on acting as an authorised investment business firm.10. Grant of authorisation.11. Requests from Commission.12. Establishment of branches outside the State.13. Existing investment business firms.13A. Existing insurance intermediaries.14. Imposition of conditions or requirements on authorised investment business firms.15. Refusal to consent to amendment of memorandum and articles of association.16. Supervisory authority may revoke authorisation in certain circumstances.17. Register of investment business firms.18. Asset and liability ratios and structures of authorised investment business firms.19. Maintenance of books and records by investment business firms.Part III Regulation and Supervision of Investment Business Firms (ss. 20-24)20. General functions of supervisory authorities.21. Directions by supervisory authority.22. Winding-up on application to Court.23. Restrictions on advertising.24. Exemption from restrictions on advertising.Part IV Investment Product Intermediaries (ss. 25-31A)25. Definition of investment product intermediary.25A. Acting as insurance intermediary.25B. Acting as insurance broker.25C. Acting as insurance agent.25D. Acting as tied insurance agent.25E. Provisions regarding scope of agency.25F. Acceptance by insurance intermediary of insurance proposals.25G. Treatment of premiums paid to insurance intermediaries.25H. Register of tied agents.25I. Appointment of tied agents - provisions governing such appointments and consequential matters26. Definition of restricted activity investment product intermediaries.27. Requirements for investment product intermediaries.28. Obligations on product producers.29. Disclosure obligations of restricted activity investment product intermediaries.30. Issue of receipts.31. Register of investment product intermediaries.31A. Scope of Part IV.Part V Auditors (ss. 32-35)32. Notification of changes of auditor.33. Auditors for investment business firms which are not incorporated bodies and duties of auditors.34. False statements to auditors.35. Power to require a second audit.Part VI Probity, Codes of Conduct and Miscellaneous Provisions (ss. 36-54)36. Probity and competence of employed persons.37. Code of conduct.38. Acquiring transactions.39. Notification of certain transactions.40. Approval of acquiring transactions.41. Period for implementing acquiring transactions.42. Imposition of conditions or requirements in respect of proposed acquiring transactions.43. Limitation on validity of certain acquiring transactions.44. Refusal to approve acquiring transactions.45. Appeals to Irish Financial Services Appeals Tribunal.46. Inquiries into certain acquiring transactions.47. Obligation to inform a supervisory authority of shareholdings.48. Contravention of terms of approval of acquiring transactions.49. Amendment of section 16 of Central Bank Act, 1989.50. Investor compensation.51. Bonding.52. Client money and investment instruments.53. Exemption from liability for damages.54. Personal liability of officers.Part VII Approved Professional Bodies (ss. 55-63)55. Interpretation (Part VII).56. Grant of approval to operate as an approved professional body.57. Interim approval.58. Imposition of conditions or requirements on approved professional bodies.59. Refusal to consent to amendment of rules, etc.60. Appeals on refusal to grant approval, etc.61. Bank may revoke approval of professional body.62. Maintenance of books and records.63. Authorisation of certified persons.Part VIII Enforcement, Offences and Penalties (ss. 64-79)64. Appointment of authorised officers.65. Powers of authorised officers.66. Appointment of inspector by Court.67. Power of inspector to extend investigation.68. Direction to inspector by Court.69. Powers of inspection.70. Expenses of and fees relating to an investigation.71. Inspectors' reports and proceedings thereon.72. Powers of Court following consideration of reports.73. Appointment of inspector by a supervisory authority.74. Power to make determinations for breaches of conditions or requirements.75. Search and seizure.76. Admissibility in evidence of reports of inspectors.77. Privilege.78. Consent to publication of information.79. Offences and penalties.Part IX Amendment of Companies Act, 1990 (s. 80)80. Amendment of Companies Act, 1990.First Schedule Supplementary Provisions in Relation to a Direction by Supervisory Authority under Section 21 of this ActSecond Schedule Supplementary Provision in Relation to a Committee appointed under Section 74 of this Act
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 1998 - onwards
Version 4 of 4

33. Auditors for investment business firms which are not incorporated bodies and duties of auditors.

(1) An authorised investment business firm (other than a certified person or a person who does not provide investment business services) which is constituted as an unincorporated body of persons or as a sole trader shall be required to appoint an auditor to audit and make a report on its accounts on an annual basis and a person shall not be qualified for appointment as an auditor of an authorised investment business firm which is constituted as an unincorporated body of persons or sole trader unless he meets the requirements of, and is not excluded by, the provisions of the Companies Acts.

(2)

(a) A supervisory authority may set out requirements in respect of the accounts and audit of an authorised investment business firm which is constituted as an unincorporated body of persons or as a sole trader including requirements which are analogous to those set out in the Companies Acts and may impose duties or obligations on the auditor or on the authorised investment business firm concerned.

(b) The auditor of an authorised investment business firm shall inform the supervisory authority as soon as possible after an audit has been finalised whether, in the course of an audit of the authorised investment business firm, he identified any breaches of this Act.

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