18. Financial Services and Credit Institutions
Updated to 3 September 2024 (Act No. 30 of 2024 and S.I. No. of 442 of 2024)
► 18.1. Central Bank and Financial Services Regulation
► 18.1.1. Financial Services Regulation: General
► 18.1.2. Credit Institutions Insolvency and Resolution
► 18.1.3. Banks and Savings Banks
Finance |
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8 & 9 Vict., c. 37 |
Finance 21 |
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24 & 25 Vict., c. 14 |
Finance | 10 & 11 Geo. 5, c. 12 | |
Finance |
|
23/1958 |
Finance |
|
19/1959 |
Finance | 8/1966 | |
Finance | 2/1978 | |
Finance |
|
21/1989 |
Finance | 31/1990 | |
Finance |
|
29/1999 |
Finance | 32/2000 | |
Finance |
|
6/2001 |
Finance | 12/2001 | |
Finance | 1/2009 | |
Finance | 12/1948 | |
Finance | 37/1968 | |
Finance | 18/1990 | |
21
Functions partly delegated to National Treasury Management Agency by S.I. No 277 of 1990.
22
Unclear what the enabling section is and if in force. This SI is superseded as by S.I. No. 121 of 1955 and should be revoked.
23
Unclear what the enabling section is and if in force. It is superseded as regards reg. 45 by S.I. No. 57 of 1969.
24
Superseded by S.I. No. 181 of 1989, this SI should be revoked.
25
Enablement continued by Agricultural Credit Act 1978 (2/1978), s. 7(2).
26
The enabling provision, Finance Act 1940 (14/1940), s. 31, was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1 and the repeal was commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2) and given the general nature of s. 4 of the 1989 Act, it appears that these regulations are saved: (2) In so far as any instrument made or other thing whatsoever done under any provision repealed by this Act could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that provision but, if in force immediately before that provision was repealed, shall have effect as if made or done under the corresponding provision of this Act.
27
Ibid. This SI amends S.I. No. 336 of 1940, reg. 7. If the 1940 SI is considered not to remain in force, this SI will be obsolete.
28
The enabling provision, s. 5(2) of the Saving Banks Act 1958 (23/1958), s. 5(2) was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1 in so far as it relates to former banks, and the repeal was commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2) but it is unclear if these regulations are saved (see above).
29
The enabling provision, Finance Act 1940 (14/1940), s. 31 was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1 and the repeal was commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, and given the general nature of s. 4 of the 1989 Act, it appears that these regulations are saved. This SI amends S.I. No. 336 of 1940, reg. 7. If the 1940 SI is considered not to remain in force, this SI will be obsolete.
30
The enabling Act, Savings Bank (Barrister) Act 1876 (39 & 40 Vict., c. 52) was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1 in so far as it relates to former banks, repeal commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, and given the general nature of s. 4 of the 1989 Act, it appears that these regulations are saved.
31
The enabling provision, Finance Act 1940 (14/1940), s. 31 was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1 and the repeal was commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, and given the general nature of s. 4 of the 1989 Act, it appears that these regulations are saved. This SI amends S.I. No. 336 of 1940, reg. 7. If the 1940 SI is considered not to remain in force, this SI will be obsolete. This SI was superseded by S.I. No. 14 of 1969, is obsolete and should be revoked.
32
The enabling Act, Finance Act 1968 (33/1968), s. 41, was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1, repeal commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, and given the general nature of s. 4 of the 1989 Act, it appears that these regulations are saved.
33
The enabling Act, Trustee Saving Banks Act 1965 (11/1965), s. 2(c), was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1, repeal commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, but it does not appear to apply to these regulations, which prescribe a financial amount for the purposes of s. 2(c) of the 1965 Act. They are therefore obsolete and should be revoked.
34
The enabling provision, Finance Act 1940 (14/1940), s. 31 was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1 and the repeal was commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, and given the general nature of s. 4 of the 1989 Act, it appears that these regulations are saved. This SI amends S.I. No. 336 of 1940, reg. 7. If the 1940 SI is considered not to remain in force, this SI will be obsolete. This SI was superseded by S.I. No 223 of 1971, is obsolete and should be revoked.
35
The enabling provision, Finance Act 1940 (14/1940), s. 31 was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1 and the repeal was commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, and given the general nature of s. 4 of the 1989 Act, it appears that these regulations are saved. This SI amends S.I. No. 336 of 1940, reg. 7. If the 1940 SI is considered not to remain in force, this SI will be obsolete. This SI was superseded by S.I. No 223 of 1971, is obsolete and should be revoked.
36
The enabling act, Finance (No. 2) Act 1968 (37/1968), s. 9(2), was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1, repeal commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, and as the minister has corresponding powers under s. 32 of the 1989 Act, it is appears that these regulations are saved.
37
The enabling Act, Finance Act 1968 (33/1968), s. 41, was repealed by Trustee Savings Banks Act 1989 (21/1989), s. 7 and sch. 1, repeal commenced by S.I. No. 21 of 1990. There is a saver in s. 7(2), see above, and given the general nature of s. 4 of the 1989 Act, it appears that these regulations are saved.
38
The Irish Bank Resolution Corporation Act 2013 (2/2013) provides for the dissolution of that Corporation, formerly known as the Anglo Irish Bank Corporation.
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► 18.1.4. Building Societies
Finance | 17/1989 | |
Finance | 24/2006 | |
39
The Building Societies Act 1989 (17/1989) repealed the Building Societies Act 1976 (38/1976) and the Building Societies (Amendment) Act 1983 (25/1983): see sch. 1 of the 1989 Act and the Building Societies Act 1989 (Commencement) Order 1989 (S.I. No. 182 of 1989). The repeal of the 1976 and 1983 Acts was subject to savers: see s. 6 of the 1989 Act.
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► 18.1.5. Credit Unions
► 18.1.6. Friendly Societies 45
Enterprise |
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59 & 60 Vict., c. 25 |
Enterprise | 51/1936 | |
Enterprise |
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28/1953 |
Enterprise |
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17/1977 |
► 18.1.7. Industrial and Provident Societies 46
Enterprise |
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56 & 57 Vict., c. 39 |
Enterprise |
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3 & 4 Geo. 5, c. 31 |
Enterprise | 23/1978 | |
Enterprise |
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19/2014 |
47
Now expired.
48
Ibid.
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► 18.1.8. Investment Funds and Irish Collective Asset-Management Vehicles
Enterprise |
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12/2005 |
Enterprise | 41/2006 | |
Finance |
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2/2015 |
49
Parts 3, 4, 5 and 6 repealed by Companies Act 2014 (38/2014), s. 5 and sch. 2 part 1. S.I. Nos. 324 of 2005, 342 of 2005 (since revoked), 239 of 2012, 315 of 2012 and 317 of 2012 continued in effect under Companies Act 2014 (38/2014).
50
Originally made under this Act, S.I. Nos. 277 of 2007, 102 of 2010, 238 of 2012 and 316 of 2012 continued in effect under Companies Act 2014 (38/2014).
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► 18.1.9. Investor Compensation
Finance |
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37/1998 |
51
Rendered obsolete by revocation of S.I. No. 280 of 1998, this SI should be revoked.
52
Rendered obsolete by revocation of S.I. No. 570 of 2004, this SI should be revoked. |
► 18.2. Financial Products
Finance | 37/1990 | |
Finance | 25/1995 | |
Finance |
|
30/1995 |
Finance |
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47/2001 |
Finance | 13/2007 | |
Finance | 37/2007 | |
Finance |
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25/2018 |
53
This SI repealed Stock Exchange Act 1995 (9/1995), and left S.I. No. 380 of 1997 without an enabling provision, rendering it obsolete. It should be revoked. |
► 18.3. Insurance
Finance |
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14 Geo. 3, c. 48 |
Finance |
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6 Edw. 7, c. 41 |
Finance | 9 Edw. 7, c. 49 | |
Finance | 45/1936 | |
Finance | 31/1938 | |
Finance |
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6/1947 |
Finance 54 | 18/1964 | |
Finance |
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29/1983 |
Finance |
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8/1985 |
Finance |
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3/1989 |
Finance | 42/2000 | |
Finance |
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26/2011 |
Finance | 21/2018 | |
Finance | 42/2018 | |
Finance | 53/2019 | |
Finance | 11/2022 | |
54
Functions partly delegated to National Treasury Management Agency by S.I. No 277 of 1990.
55
Superseded by S.I. No. 473 of 2000, this SI should be revoked.
56
The enabling sections are Insurance Act 1989 (3/1989), ss. 5 and 22. Section 22(1) was substituted by Insurance Act 2000 (42/2000), s. 5, subsitution commenced by S.I. No. 472 of 2000. The new subs. (1) enables the Minister to prescribe and the SI is unaffected.
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► 18.4. International Financial Transfers (Exchange Control)
Finance |
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27/1992 |
57
The Financial Transfers Act 1992, which came into effect on 18 December 1992 on its signature by the President, in effect replaced the Exchange Control Act 1954 (30/1954), as amended. The 1954 Act expired on 31 December 1992, as provided for in Exchange Control (Continuance) Act 1990 (35/1990), s. 1. The 1954 Act had previously been continued or amended by the Exchange Control (Continuance and Amendment) Act 1978 (24/1978), the Exchange Control (Continuance) Act 1982 (25/1982) and the Exchange Control (Continuance) Act 1986 (38/1986). The 1954 Act, the 1978 Act, the 1982 Act, the 1986 Act and the 1990 Act now appear to be spent and should be repealed. The following SIs made under the 1954 Act are now obsolete and should be revoked: S.I. Nos. 128 of 1955, 44 of 1959, 140 of 1959, 62 of 1960, 19 of 1961, 205 of 1962, 51 of 1964, 215 of 1964, 266 of 1964, 66 of 1965, 150 of 1965, 230 of 1965, 11 of 1966, 252 of 1966, 121 of 1967, 253 of 1968, 62 of 1970, 288 of 1971, 354 of 1971, 157 of 1972, 234 of 1972, 21 of 1973, 265 of 1973, 24 of 1974, 188 of 1975, 136 of 1977, 14 of 1978, 114 of 1978, 204 of 1978, 257 of 1978, 349 of 1978, 6 of 1980, 176 of 1983, 230 of 1986, 307 of 1987, 15 of 1988, 48 of 1991, 134 of 1992. The following SIs made under the 1978 Act are now obsolete and should be revoked: S.I. Nos. 348 and 350 of 1978.
58
This SI revoked S.I. No. 351 of 1993 and its function is spent. It should now be revoked.
59
This SI revoked S.I. No. 415 of 1992 and its function is spent. It should now be revoked.
60
This SI revoked S.I. No. 410 of 1993 and its function is spent. It should now be revoked.
61
This SI revoked S.I. No. 75 of 2002 and its function is spent. It should now be revoked.
62
This SI revoked S.I. No. 146 of 2005 and its function is spent. It should now be revoked.
63
This SI revoked S.I. No. 458 of 2004 and its function is spent. It should now be revoked.
64
This SI revoked S.I. No. 398 of 2009 and its function is spent. It should now be revoked.
65
Revoked S.I. No. 10 of 2012.
66
Revoked S.I. No. 175 of 2011.
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► 18.5. Investment Intermediaries
Finance |
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11/1995 |
67
The enabling provision was repealed by Investor Compensation Act 1998 (37/1998), s. 7 and sch. in so far as it imposes an obligation to hold a bond. It appears that these regulations fall under the repeal, and should be revoked for clarity.
68
The enabling provision was repealed by 21/2004, rendering this SI obsolete. It should be revoked. |
► 18.6. Stock Exchange
Finance |
|
S.I. No. 286 of 2007 |
► 18.7. Unclaimed Property: Bank Accounts and Life Assurance 69
► 18.7.1. Dormant Bank Accounts
Community 70 |
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32/2001 |
Environ 71 | 8/2005 | |
Community 72 | 23/2012 | |
70
Community: see S.I. No. 354 of 2017. Previously Gaeltacht: see S.I. No. 308 of 2016 and Environ: see S.I. No. 196 of 2011. Public Exp (in part): see S.I. No. 418 of 2011.
71
See S.I. No. 196 of 2011.
72
Community: see S.I. No. 354 of 2017. Previously Gaeltacht: see S.I. No. 308 of 2016. |
► 18.7.2. Life Assurance Policies
Community 73 | 2/2003 | |
73
See S.I. 354 of 2017. Previously Gaeltacht: see S.I. No. 308 of 2016 and previously Environ: see S.I. No. 196 of 2011. |
► 18.8. ECA Section 3 Statutory Instruments
Foreign |
|
27/1972 |
74
Rendered obsolete by revocation of S.I. No. 115 of 1976.
75
Rendered obsolete by revocation of S.I. No. 57 of 1984.
76
Rendered obsolete by revocation of S.I. No. 115 of 1976.
77
Rendered obsolete by revocation of S.I. No. 115 of 1976.
78
Rendered obsolete by repeal of Finance Act 1980 (No. 14 of 1980), s. 39.
79
Rendered obsolete by revocation of S.I. No. 57 of 1984.
80
Rendered obsolete by revocation of S.I. No. 115 of 1976.
81
Rendered obsolete by revocation of S.I. No. 437 of 1986.
82
Rendered obsolete by revocation of S.I. No. 115 of 1976.
83
Rendered obsolete by revocation of S.I. No. 57 of 1984.
84
Rendered obsolete by revocation of S.I. No. 115 of 1976.
85
Rendered obsolete by revocation of S.I. No. 168 of 1995.
86
Rendered obsolete by revocation of S.I. No. 294 of 1992.
87
Rendered obsolete by revocation of S.I. No. 168 of 1995.
88
Rendered obsolete by revocation of S.I. No. 395 of 1992.
89
Rendered obsolete by revocation of S.I. No. 462 of 2002.
90
Rendered obsolete by revocation of S.I. No. 294 of 1992.
91
Rendered obsolete by revocation of S.I. No. 115 of 1976.
92
Rendered obsolete by revocation of S.I. No. 57 of 1984.
93
Rendered obsolete by revocation of S.I. No. 395 of 1992.
94
Rendered obsolete by revocation of S.I. No. 497 of 2003.
95
Rendered obsolete by revocation of S.I. No. 395 of 1992.
96
Rendered obsolete by revocation of S.I. No. 57 of 1984.
97
Rendered obsolete by revocation of S.I. No. 115 of 1976.
98
Rendered obsolete by revocation of S.I. No. 60 of 2007.
99
Rendered obsolete by revocation of S.I. No. 60 of 2007.
100
Rendered obsolete by revocation of S.I. No. 395 of 1992 and S.I. No. 661 of 2006.
101
Rendered obsolete by revocation of S.I. No. 395 of 1992.
102
Rendered obsolete by revocation of S.I. No. 661 of 2006.
103
Rendered obsolete by revocation of S.I. No. 660 of 2006.
104
Rendered obsolete by revocation of S.I. No. 60 of 2007.
105
Rendered obsolete by revocation of S.I. Nos. 395 of 1992, 660 of 2006 and 661 of 2006.
106
Reg. 3(2)-(7) rendered obsolete by revocation of S.I. Nos. 395 of 1992, 660 of 2006, 661 of 2006 and 475 of 2009.
107
Rendered obsolete by revocation of S.I. No. 1 of 2004.
108
Rendered obsolete by revocation of S.I. No. 395 of 1992.
109
Reg. 2(3)-(6) rendered obsolete by revocation of S.I. Nos. 395 of 1992, 660 of 2006, 661 of 2006, 475 of 2009
110
Rendered obsolete by revocation of S.I. No. 60 of 2007.
111
Rendered obsolete by revocation of S.I. No. 395 of 1992. |