Central Bank Act 1997

F78[Provisions supplementary to section 31 applicable to retail credit and home reversion firms.

31A

31A.— For the purposes of section 31(2)(b), in order to obtain and retain authorisation, a F79[person proposing to carry on, or carrying on, regulated business] shall satisfy the Bank—

(a) that, where applicable, F79[its memorandum and articles of association] will enable it to operate in accordance with this Act, and any condition or requirement that the Bank may impose,

(b) as to the probity and competence of F79[the person or (where it is a firm) of each of] the firm’s directors and managers,

(c) as to the suitability of F79[the person or (where it is a firm) of each of] the firm’s qualifying shareholders or partners,

(d) as to the organisational structure and management skills of the F79[person] and that adequate levels of staff and expertise will be employed to carry out its activities,

(e) that the F79[person] has and will follow procedures that will enable the Bank to be supplied with all information necessary for the performance of the Bank’s supervisory functions and to enable the public to be supplied with information that the Bank specifies,

(f) that the organisation of the F79[person’s] business structure is such that it, and any of its associated or related undertakings, (so far as appropriate and practicable) are capable of being supervised adequately by the Bank, and

(g) as to the conduct of the F79[person’s] business, financial resources and any other matters that the Bank considers necessary in the interests of the proper and orderly regulation and supervision of F79[regulated business] or in the interests of the protection of customers or potential customers.]

Annotations:

Amendments:

F78

Inserted (1.02.2008) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 19(f), S.I. No. 782 of 2007.

F79

Substituted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 61(a)-(f), S.I. No. 287 of 2013.