Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I move amendment No. 37:

In page 104, to delete lines 26 to 29 and substitute the following:“Mergers involving ICAV

168. (1) An ICAV authorised under the UCITS Regulations may, in accordance with the provisions of the UCITS Regulations, merge with any other UCITS.

(2) An ICAV authorised under UCITS Regulations which is the merging UCITS in relation to a merger for the purposes of the UCITS Regulations which involves the transfer of all its assets and liabilities to another UCITS (or a sub-fund of another UCITS) in the course of the merger shall, in accordance with the provisions of the UCITS Regulations, be dissolved without winding up on the coming into effect of the merger.

(3) An ICAV authorised under section 19 may merge with any other form of collective investment vehicle in accordance with any conditions imposed by the Bank.

(4) An ICAV authorised under section 19 which transfers all of its assets and liabilities to another collective investment vehicle (or a sub-fund of another collective investment vehicle) in accordance with conditions imposed by the Bank shall be dissolved without winding up on the coming into effect of the merger.”.

Merger provisions were cross-supplied in the Bill as published and passed by the committee. Amendment No. 37 inserts a new section that sets out the merger provisions explicitly. An ICAV that is a USIT may merge with any other USIT. This other USIT can have any legal form. The merging USIT-ICAV, which transfers all of its assets and liabilities to the other USITs, will be dissolved without winding up when the merger comes into effect. We included this on Committee Stage but I am setting it out in more detail.

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