Investment Limited Partnerships Act 1994

F72[Duty to give particular notice to individuals believed to be beneficial owners of investment limited partnership.

27B

27B. (1) Without prejudice to the generality of section 27A(1), a general partner of an investment limited partnership shall give to any individual whom it has reasonable cause to believe to be a beneficial owner of the investment limited partnership the notice specified in subsection (2), but this is subject to subsection (5).

(2) The notice referred to in subsection (1) is a notice, addressed to the individual concerned, that requires the addressee

(a) to state whether or not he or she is a beneficial owner of the investment limited partnership, and

(b) if so, to confirm or correct any particulars of his or hers that are included in the notice, and supply any that are missing,

and such a notice is referred to subsequently in this section as a notice under this section.

(3) A notice under this section shall

(a) state that it is given under "section 27B of the Investment Limited Partnerships Act 1994", and

(b) as respects each of the particulars referred to in section 27A(1)(a), (b) and (c)

(i) set out that which

(I) to the knowledge of the general partner is, or

(II) with reasonable cause is believed by it to be,

the relevant particular, or

(ii) in the absence of such knowledge or belief (on its part as respects a relevant particular) indicate, by leaving a space in the appropriate place, that that particular is not given in the notice.

(4) A notice under this section shall also state that the addressee is to comply with the notice by no later than the end of the period of one month beginning with the date of the notice.

(5) A general partner is not required to give a notice under this section if

(a) the general partner has already been informed of the status of the individual referred to in subsection (1) as a beneficial owner of the investment limited partnership, and been supplied with all the particulars referred to in section 27A(1)(a), (b) and (c), and

(b) the information and particulars were provided either by that individual or with his or her knowledge.

(6) A general partner that fails to comply with subsection (1) or any other provision of this section shall be guilty of an offence.]

Annotations:

Amendments:

F72

Inserted (1.03.2021) by Investment Limited Partnerships (Amendment) Act 2020 (31/2020), s. 27, S.I. No. 19 of 2021.