Companies Act 2014

F714[ Non discrimination, proportionality and transparency of costs

1110E

1110E. (1) Where an intermediary charges a fee for providing a service under this Chapter, the intermediary shall publicly disclose the fee charged for such service.

(2) Subject to subsection (3), where an intermediary charges a shareholder, traded PLC or intermediary a fee for providing a service under this Chapter, the first-mentioned intermediary shall not charge a different fee for providing the service on a cross-border basis than the fee it charges for providing that service in the State.

(3) An intermediary may charge a different fee for providing a service on a cross-border basis than the fee it charges for providing the service in the State where the difference between the fees charged

(a) is duly justified, and

(b) reflects the difference between

(i) the actual costs incurred by the intermediary in providing the service on a cross-border basis, and

(ii) the actual costs incurred by the intermediary in providing the service in the State.]

Annotations

Amendments:

F714

Inserted (30.03.2020) by European Union (Shareholders’ Rights) Regulations 2020 (S.I. No. 81 of 2020), reg. 7, in effect as per reg. 1(3).