Dáil debates

Thursday, 19 February 2015

Irish Collective Asset-management Vehicles Bill 2014: From the Seanad

 

Seanad amendment No. 9:Section 85: In page 56, between lines 18 and 19, to insert the following: “Power of court to grant relief to officers of ICAV 85.(1) This section applies to any action for negligence, default, breach of duty or breach of trust against an officer of an ICAV. (2) In proceedings to which this section applies the court hearing the proceedings has the power of granting relief provided under subsection (3)if it appears to the court that the officer is or may be liable in respect of the negligence, default, breach of duty or breach of trust (the “wrong concerned”) but that he or she has acted honestly and reasonably and that, having regard to all the circumstances of the case (including those connected with his or her appointment), he or she ought fairly to be excused for the wrong concerned. (3) The power referred to insubsection (2)is to relieve the officer, either wholly or partly, from his or her liability in respect of the wrong concerned, on such terms as the court may think fit.”.

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