National Asset Management Agency Act 2009

76.

Determination of long-term economic values.

76.— (1) NAMA shall determine the long-term economic value of a bank asset having regard to the following:

( a) the market value of the property;

( b) the market value of the bank asset;

( c) the long-term economic value of the property;

( d) the long-term economic value already determined by NAMA, in accordance with the valuation methodology, of any other similar property or bank asset;

( e) any report prescribed under section 78 that is reasonably available to NAMA when it carries out the valuation of the particular property or bank asset,

in accordance with—

(i) any regulations made by the Minister under section 79 , and

(ii) the laws of the European Communities governing State aid.

(2) Notwithstanding any other provision of this Act or any regulations made under it—

( a) the long-term economic value determined by NAMA for a parcel of land shall not exceed the market value of the parcel by more than such fraction as the Minister may determine by regulations for the purposes of this paragraph,

( b) the total long-term economic value of all land held as security in an acquired portfolio shall not exceed the total market value of that land by such fraction as the Minister may determine by regulations for the purposes of this paragraph,

( c) NAMA may determine that, with regard to any particular class of property, or in the particular circumstances applicable to a parcel of land, its long-term economic value shall not exceed its market value, and

( d) the long-term economic value of a bank asset shall be calculated on the basis of net present value methodology.

Annotations:

Editorial Notes:

E10

Procedure for determining long-term economic value of property and bank assets pursuant to section prescribed (3.03.2010) by National Asset Management Agency (Determination of Long-Term Economic Value of Property and Bank Assets) Regulations 2010 (S.I. No. 88 of 2010); as amended (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 16(11) and sch. 3 part 8 par. 43, S.I. No. 469 of 2010 and (22.10.2010) by National Asset Management Agency (Determination of Long-Term Economic Value of Property and Bank Assets) (Amendment) Regulations 2010 (S.I. No. 504 of 2010).

E11

Previous affecting provision: procedure for determining long-term economic value of property and bank assets pursuant to section prescribed (21.12.2009) by National Asset Management Agency (Determination of Long-Term Economic Value of Property and Bank Assets) Regulations 2009 (S.I. No. 546 of 2009); revoked (3.03.2010) by National Asset Management Agency (Determination of Long-Term Economic Value of Property and Bank Assets) Regulations 2010 (S.I. No. 88 of 2010), reg. 10.