National Asset Management Agency Act 2009

7.

Offences.

7.— (1) A person on whom an obligation is imposed by or under section 202(2) and who intentionally does not comply with the obligation commits an offence.

(2) A person who intentionally, recklessly or through gross negligence provides false or inaccurate information to NAMA commits an offence.

(3) A person commits an offence if the person—

( a) intentionally withholds information from NAMA in breach of an obligation to provide that information imposed by or under this Act, and

( b) does so with the intention of having a material impact upon—

(i) the manner in which NAMA deals with a bank asset,

(ii) a decision by NAMA to refrain from dealing with a bank asset, or

(iii) the value that NAMA determines for a bank asset.

(4) A person who intentionally withholds information from NAMA in breach of an obligation to provide that information imposed under this Act commits an offence if the withholding of the information has a material impact upon—

( a) the manner in which NAMA deals with a bank asset,

( b) a decision by NAMA to refrain from dealing with a bank asset, or

( c) the value which NAMA determines for a bank asset.

(5) A credit institution that commits an offence under this section is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €20,000,000.

(6) A person other than a credit institution who commits an offence under this section is liable—

( a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

( b) on conviction on indictment, to a fine not exceeding €5,000,000 or imprisonment for a term not exceeding 5 years or both.

(7) Where an offence under this section—

( a) has been committed by a body corporate, and

( b) is proved to have been committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of, a person—

(i) who is a director, manager, secretary or other officer of the body corporate, or

(ii) purported to act in any such capacity,

that person as well as the body corporate shall be taken to have committed an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(8) Where the affairs of a body corporate are managed by its members, subsection (7) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Annotations:

Editorial Notes:

E4

Offence under section, in so far as it relates to a person other than a credit institution, prescribed as a "relevant offence" for purposes of Criminal Justice Act 2011 (22/2011) (9.08.2011) by Criminal Justice Act 2011 (22/2011), ss. 3 and sch. 1 par 12, S.I. No. 411 of 2011.