Results 3,461-3,480 of 45,510 for speaker:Simon Harris

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 19:In page 83, line 5, to delete “a UCITS” and substitute “an UCITS”.This amendment rectifies a slight drafting error.

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 20:In page 85, to delete lines 11 to 14 and substitute the following: “(2) The company shall then make an application to the Registrar in the form prescribed by the Minister for Jobs, Enterprise and Innovation to be de-registered as a company. (3) On receipt of an application under subsection (2) the Registrar shall issue a certificate of de-registration of the...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 21:In page 85, to delete lines 34 and 35 and substitute the following: “(5) On the registration of an investment company as an ICAV, the Bank shall immediately authorise it to carry on business. (6) On the registration of an UCITS as an ICAV, the UCITS shall continue to be authorised under the UCITS Regulations. (7) Section 889 of the Companies Act 2014 has...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 22:In page 86, line 6, to delete “letter” and substitute “giving of notice”.Amendments Nos. 22 and 23 are corrections to errors which arose on Committee Stage. The ICAV Bill 2014, as passed by the Dáil on Committee Stage, provides for varying forms of notice, not simply notice by way of letter but two references to the bank giving notice...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 23:In page 90, line 7, to delete “letter” and substitute “giving of notice”.

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 24:In page 95, to delete lines 13 to 18 and substitute the following: “148. (1) The provisions of Part 8 of the Companies Act 2014, and the other provisions of that Act relating to receivers, apply, subject to the necessary modifications and to the specific modifications specified in subsection (2), in relation to an ICAV as if it were an investment company. (2)...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 25:In page 95, to delete lines 22 to 27 and substitute the following:“149. (1) The provisions of Part 11 of the Companies Act 2014, and the other provisions of that Act relating to the winding up of Companies (including, in particular, provisions about summary approval procedure) apply, subject to the necessary modifications and the specific modifications specified...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 26:In page 97, line 35, to delete “a director” and substitute “at least 2 directors”.Amendments Nos. 26 and 27 are required because section 56 of the Irish Collective Asset-management Vehicles, ICAV, Bill stipulates that an ICAV needs to have at least two directors so the reference at section 154D to the appointment of one director only is...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 27:In page 103, line 28, to delete “a director” and substitute “at least 2 directors”.

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 28:In page 104, between lines 23 and 24, to insert the following: “PART 12 INVESTIGATIONS, COMPLIANCE AND ENFORCEMENTInvestigations 168. (1) The provisions of Part 13 of the Companies Act 2014, and the other provisions of that Act relating to investigations of companies, apply, subject to necessary modifications and the specific modifications specified in...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 29:In page 104, between lines 23 and 24, to insert the following:“Compliance orders 169. (1) This section applies if an ICAV or an officer of an ICAV—(a) has failed to comply with a provision of this Act, and (b) the ICAV or officer has failed to remedy the default within 14 days (or such longer period as may be specified in the notice) after the date of...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 30:In page 104, between lines 23 and 24, to insert the following:“Restraining directors and others from removing assets 170. (1) The High Court may make an order restraining a director or other officer of an ICAV, or an ICAV, from—(a) removing his or her or the ICAV’s assets from the State, or (b) reducing his or her or the ICAV’s assets...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 31:In page 104, between lines 23 and 24, to insert the following: “Agency with responsibility for enforcement of offences171. (1) The Bank may instigate summary proceedings for offences under sections 6(5), 7(3) and (4), 8(3), 10(6), 18(6), 21(5), 22(4), 28(3), 30(2), 31(3) and (5), 33(3), 36(2), 39(4), 42(3), 43(4), 46(4), 49(4), 50(5), 55(7), 66(4) and (5),...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 32:In page 104, between lines 23 and 24, to insert the following:“District court district within which summary proceedings may be brought 172. (1) Summary proceedings against an ICAV or an officer of an ICAV acting in his or her capacity as such (or a person purporting to so act) for an offence under this Act may be brought, heard and determined—(a) before...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 33:In page 104, between lines 23 and 24, to insert the following:“Application of other provisions relating to offences 173. (1) Sections 867 and 870 of the Companies Act 2014 shall apply in relation to offences under this Act as in relation to offences under that Act.(2) Section 868 of that Act shall apply in relation to an ICAV as in relation to a company. (3)...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 34:In page 104, between lines 23 and 24, to insert the following:“Special provisions applying where default in delivery of documents to Bank 174. (1) The Bank may deliver a notice that complies with subsection (2) to a person if the Bank has reasonable grounds for believing that the person is in default in the production or delivery to, or filing with, the Bank of...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 35:In page 104, between lines 23 and 24, to insert the following:“General offences 175. Sections 876(1) and (3), 877 and 878 of the Companies Act 2014 have effect as if the references to a company included an ICAV and the references to that Act included this Act.”.

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 36:In page 104, between lines 23 and 24, to insert the following:“Evidential matters 176. (1) Sections 879 to 886 of the Companies Act 2014 have effect as if references to that Act (or Parts 1 to 15 of that Act) included this Act. (2) In the application of section 886(6) in relation to a declaration that purports to be made in pursuance of or for the purposes...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: 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...

Irish Collective Asset-management Vehicles Bill 2014: Report Stage (28 Jan 2015)

Simon Harris: I move amendment No. 38:In page 105, to delete lines 22 to 31.