Investment Limited Partnerships Act 1994

F76[Duty of beneficial owner (in certain circumstances) to notify status as such.

28A

28A. (1) This section applies to an individual if

(a) the individual is a beneficial owner of an investment limited partnership,

(b) the individual knows that to be the case or ought reasonably to do so,

(c) in relation to the individual, the particulars referred to in section 27A(1)(a) and (b) are not stated in the investment limited partnership’s beneficial ownership register,

(d) the individual has not been given a notice by the general partner under section 27B, and

(e) the circumstances specified in paragraphs (a) to (d) have continued for a period of at least one month.

(2) An individual to whom this section applies shall notify, in writing, the general partner of the investment limited partnership referred to in subsection (1) of the individual’s status (as a beneficial owner) of the investment limited partnership, and that notification shall state

(a) the date, to the best of the person’s knowledge, on which the person acquired that status, and

(b) the particulars referred to in section 27A(1)(a), (b) and (c).

(3) Subsection (2) shall be complied with by the individual not later than the end of the period of one month beginning with the day on which all the conditions specified in subsection (1)(a) to (e) were first met with respect to the person.

(4) An individual who

(a) fails to comply with this section, or

(b) in purported compliance with this section, makes a statement that is false in a material particular, knowing it to be so false or being reckless as to whether it is so false,

shall be guilty of an offence.]

Annotations:

Amendments:

F76

Inserted (1.03.2021) by Investment Limited Partnerships (Amendment) Act 2020 (31/2020), s. 29, S.I. No. 19 of 2021.