Companies Act 2014

PART 8

RECEIVERS

Annotations:

Amendments:

F214

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 98(d), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

Modifications (not altering text):

C47

Part applied with modifications (12.03.2015) by Irish Collective Asset-management Vehicles Act 2015 (2/2015), s. 153, S.I. No. 85 of 2015; this part commenced (1.06.2015) by Companies Act 2014 (Commencement) Order 2015 (S.I. No. 169 of 2015).

Receivers

153. (1) The provisions of Part 8 of the Companies Act 2014 , and the other provisions of that Act relating to receivers, apply, subject to the necessary modifications and to the specific modifications specified in subsection (2), in relation to an ICAV as if it were an investment company.

(2) The modifications are the following:

(a) references to the Registrar are to the Bank;

(b) references to the prescribed form are to such form as may be specified by the Bank;

(c) references in section 431(1) (e) to such further or other information as may be prescribed are to such further or other information as may be specified by the Bank;

(d) in section 439(4) the reference to section 220 is to section 77 of this Act and paragraphs (b) and (c) are omitted;

(e) the references in section 447 to the Director of Corporate Enforcement include the Bank.

CHAPTER 1

Interpretation

428.

Appointment of receiver under powers contained in instrument: construction of such reference

428. In this Part any reference to the appointment of a receiver under powers contained in any instrument includes a reference to an appointment made under powers which, by virtue of any enactment, are implied in and have effect as if contained in an instrument.