Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I move amendment No. 11:

In page 55, between lines 7 and 8, to insert the following:"Duty of ICAV with respect to registration under section 88* and right of others to effect registration

89. (1) It shall be the duty of the ICAV that creates the charge to comply with the procedure under section 88(3)or (4)with respect to the charge's registration but this is without prejudice to subsection (2).
(2) Any person interested in the charge may use the procedure under section 88(3) or (4) with respect to its registration and the person's using that procedure (and in compliance with section 88(3) or (4)) shall have the same effect as if the ICAV had used that procedure (and in compliance with section 88(3) or (4)).
(3) Where such a person uses that procedure (and in compliance with section 88(3) or (4)), the person may recover from the ICAV the amount of fees properly paid by that person to the Bank in respect of the registration of the charge concerned.".