Anglo Irish Bank Corporation Act 2009

16.

Disapplication of certain requirements in relation to notice of acquisition of shares.

16.— (1) Chapter VI of Part II of the Central Bank Act 1989 does not apply in relation to the acquisition by the Minister, or the transfer by the Minister to the Minister’s nominee, of shares in Anglo Irish Bank under this Act.

(2) Regulation 14 (other than paragraph (9) of that Regulation) of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 ( S.I. No. 395 of 1992) does not apply in relation to the acquisition by the Minister, or the transfer by the Minister to the Minister’s nominee, of shares in Anglo Irish Bank under this Act.

(3) Part 4 (except paragraphs (3) and (4) of Article 40C) of the European Communities (Life Assurance) Framework Regulations 1994 ( S.I. No. 360 of 1994) does not apply in relation to the acquisition by the Minister, or the transfer by the Minister to the Minister’s nominee, of shares in Anglo Irish Bank under this Act.

(4) Neither the acquisition by the Minister, nor the transfer by the Minister to the Minister’s nominee, of shares in Anglo Irish Bank under this Act is—

( a) an offer, a takeover or any other relevant transaction within the meaning of the Irish Takeover Panel Act 1997, or

( b) a takeover bid within the meaning of the European Communities Takeover Bids (Directive 2004/25/EC) Regulations 2006 ( S.I. No. 255 of 2006).

(5) The following do not apply to the acquisition by the Minister, or the transfer by the Minister to the Minister’s nominee, of shares in Anglo Irish Bank under this Act:

( a) Part 5 of the Transparency (Directive 2004/109/EC) Regulations 2007 ( S.I. No. 277 of 2007);

( b) Part 7 of the Transparency Rules made in June 2007 by the Irish Financial Services Regulatory Authority under section 22 of the Investment Funds, Companies and Miscellaneous Provisions Act 2006.

(6) Publication of this Act is to be taken to satisfy any other obligation of the Minister under any law to give notice of, or do any other thing in relation to, the acquisition by the Minister, or the transfer by the Minister to the Minister’s nominee of shares in Anglo Irish Bank under this Act.

(7) This section has effect notwithstanding section 2(3) .