Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

84.

Interpretation (Chapter 9).

84.— F131[(1)] In this Chapter—

F132[]

“authorisation” means an authorisation to carry on business as a trust or company service provider granted under this Chapter and, if such an authorisation is renewed or amended under this Chapter, means, unless the context otherwise requires, the authorisation as renewed or amended (as the case may be);

“principal officer” means—

(a) in relation to a body corporate, any person who is a director, manager, secretary or other similar officer of the body corporate or any person purporting to act in such a capacity, or

(b) in relation to a partnership—

(i) any person who is a partner in, or a manager or other similar officer of, the partnership or any person purporting to act in such a capacity, and

(ii) in a case where a partner of the partnership is a body corporate, any person who is a director, manager, secretary or other similar officer of such a partner or any person purporting to act in such a capacity;

F131[subsidiary has the meaning assigned to it by section 155 of the Companies Act 1963]

“trust or company service provider” does not include any of the following:

(a) a member of a designated accountancy body;

(b) a barrister or solicitor;

(c) a credit institution or financial institution.

F131[(2) (a) Subject to paragraph (b), in this Chapter a reference to the Minister shall, in a case where the applicant for or the holder of an authorisation is a subsidiary of a credit or financial institution, be construed as a reference to the Central Bank of Ireland.

(b) Paragraph (a) does not apply to

(i) section 88(5),

(ii) sections 89(5)(b)(ii), 90(3)(b)(ii), 93(6)(b)(ii), 97(6)(b)(ii), 98(2)(b)(ii) and 100(2) in so far as those provisions relate to the specifying of a form by the Minister,

(iii) section 94(3),

(iv) section 101,

(v) section 104(8),

(vi) section 106(7).]

Annotations

Amendments:

F131

Inserted (3.03.2014) by Criminal Justice Act 2013 (19/2013), s. 15(a), (b), (c), S.I. No. 80 of 2014.

F132

Deleted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 23, S.I. No. 188 of 2021.