Results 42,781-42,800 of 46,267 for speaker:Simon Harris

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.

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

Simon Harris: I move amendment No. 39:In page 105, to delete lines 32 to 34.

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

Simon Harris: I move amendment No. 40:In page 106, after line 38, to insert the following:“Director of Corporate Enforcement 178. Sections 953, 956 and 957 of the Companies Act 2014 have effect as if references to that Act included this Act.”.Amendment No. 40 inserts a new section 178, which cross-supplies sections 953, 956 and 957 of the Companies Act 2014. Section 953 concerns liability...

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

Simon Harris: I thank Deputies, particularly Deputy McGrath and Deputy Doherty, for their constructive engagement on this Bill. I thank my officials also who put a great deal of work into what is as we discussed on many occasions a largely technical but very important piece of legislation. It is important in terms of this country's competitiveness and trying to attract international financial investment...

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

Simon Harris: I genuinely cannot assist the Deputy in that but I will endeavour to find out and revert to him.

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

Simon Harris: There is no provision in regard to that but the safeguards we have put in place address the issues in respect of protecting the investors. Also, giving the auditor a voice was something those on the opposite side of the House felt was silent and with which I agreed. This is beefing it up. The legislation does not contain a provision in regard to that.

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

Simon Harris: I will bring this Bill to the Seanad and I am happy to look at that. I will revert to Deputy McGrath on that.

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

Simon Harris: I am informed by my officials that they have not received any submissions. I certainly have not.

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

Simon Harris: I move amendment No. 13:In page 59, to delete lines 34 to 40, and in page 60, to delete lines 1 to 33 and substitute the following: “91. (1) For the purposes of this section— (a) “relevant rule of law” means any applicable rule of law that governs the priority of charges created by a body corporate, and for the avoidance of doubt, any enactment governing the...

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

Simon Harris: I move amendment No. 14:In page 66, line 2, to delete “section 173” and substitute “section 168”.Amendment No. 14 corrects a minor cross-reference error. Amendment No. 28 provides for further detail on the cross-application of the investigation provisions. It inserts a new section 168 into the Bill and provides that the provisions of the Companies Act 2014, Part...

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

Simon Harris: I move amendment No. 15:In page 69, line 30, to delete “subsection (5)” and substitute “subsection (5)”.This is a technical amendment to correct an error in numbering which arose on Committee Stage. Without this amendment, it would technically be necessary to renumber this reference, resulting in an error on the face of the Bill.