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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 45: In page 74, after line 35, to insert the following: “Chapter 2 De-registration following migration outDefinitions 127.(1)In this Chapter⁠— “applicant” means an ICAV that applies under section 128to be de-registered under section 129; “relevant jurisdiction”, in relation to an ICAV, means the place, outside the State,...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 46: In page 74, after line 35, to insert the following: “De-registration of ICAVs when continued under law of place outside the State 128.(1)An ICAV which proposes to be registered in a relevant jurisdiction by way of continuation as a body corporate may apply to the Bank to be de-registered in the State. (2)Where an application is made under subsection (1), the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 47: In page 74, after line 35, to insert the following: “Provisions supplementary to section 128 129.(1)Unless the High Court orders otherwise, when one or more than one application is made under section 128(5), a resolution specified in paragraph (c)of the definition of “transfer documents” in section 127(1)in relation to an ICAV shall not take...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 48: In page 74, after line 35, to insert the following: “Chapter 3 Declaration of solvencyStatutory declaration as to solvency 130.(1)Where an application is made under Chapter 1or 2a director of the migrating body or ICAV making the application shall make a statutory declaration, in such form as may be specified by the Bank, stating that he or she has made a full...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I should just flag the point that I may need to bring some technical amendments to section 123 in regard to the cross-application of receivership from the Companies Act to make sure the Act operates effectively.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: There is the same provision for section 124 in terms of the crossover.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 49: In page 75, between lines 20 and 21, to insert the following: “PART 9 Strike Off and Restoration Chapter 1 Strike off of ICAVWhen Bank may strike ICAV off register 125.(1)Except in the case of an application by an ICAV to be struck off the register of ICAVs, the Bank may strike an ICAV off the register of ICAVs if⁠— (a)the ICAV is not an...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: Yes. It ties in with our earlier conversation

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 33: In page 71, lines 28 and 29, to delete all words from and including “An” in line 28 down to and including line 29 and substitute the following:“An investment company or a UCITS constituted as a company with fixed capital or variable capital in accordance with Regulation 4(6)(b) or (c) of the UCITS Regulations may apply to the Bank to be registered...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 34: In page 71, line 30, to delete “the form prescribed by regulations made by the Minister” and substitute “such form as may be specified by the Bank”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 35: In page 71, line 34, to delete “the manner prescribed by regulations made by the Minister” and substitute “such manner as may be specified by the Bank”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 36: In page 72, line 23, after “company” to insert “showing their priority which shall be as it would be were it to remain a company”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 37: In page 72, lines 27 and 28, to delete “the form prescribed by regulations made by the Minister” and substitute “such form as may be specified by the Bank”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: It is likely that I will bring forward amendments on Report Stage in regard to the role and powers of the Companies Registration Office. A basic issue we have to consider is how one removes a company from the CRO register and how that works in terms of the powers and functions of the CRO.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 38: In page 74, lines 23 and 24, to delete “send by ordinary post a registered letter stating that” and substitute “give notice to the ICAV that”.It is proposed to amend section 122 to remove the requirement that notice by the bank to an ICAV be delivered by registered post. Section 136 already sets out the general policy that the bank should...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 39: In page 74, line 28, to delete “sending of the letter” and substitute “giving of the notice”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 40: In page 74, line 33, after “ICAV,” to insert “revoke the relevant authorisation of the ICAV and”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: The amendment removes the requirement that notice be given by registered post but it does not require that it be sent by e-mail or other electronic means. As this is already the practice in terms of how the Central Bank interacts with the fund industry, it was felt that the requirement for registered post was at odds with what it is already doing.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: I move amendment No. 41: In page 74, after line 35, to insert the following: “PART 8 MIGRATION CHAPTER 1 Migration-in to become ICAVDefinitions 123.(1) In this Chapter - “migrating body” means a body corporate which is established and registered under the laws of a relevant jurisdiction and which is a collective investment undertaking; "registration documents” has...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Irish Collective Asset-Management Vehicles Bill 2014: Committee Stage (11 Nov 2014)

Simon Harris: Sections 101(1)(a) and (b) are being deleted.

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