Investment Funds, Companies and Miscellaneous Provisions Act 2005

Interpretation ( Part 2).

6

6.—(1) In this Part, unless the context otherwise requires—

F3 [ ‘Act of 2010’ means the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010; ]

“Bank” means the F4 [ Central Bank of Ireland ];

F3 [ ‘beneficial owner’, in relation to a common contractual fund, means any individual who—

(a) ultimately is entitled to or controls, whether the entitlement or control is direct or indirect, more than a 25 per cent share of the capital or profits of the common contractual fund or more than 25 per cent of the voting rights in the common contractual fund, or

(b) otherwise controls the common contractual fund;

]

F3 [ ‘beneficial ownership register’ shall be construed in accordance with section 21B ; ]

“common contractual fund” means a collective investment undertaking, being an unincorporated body established by a management company, under which the participants by contractual arrangement participate and share in the property of the collective investment undertaking as co-owners, provided—

( a) it is expressly stated in its deed of constitution to be established pursuant to this Act,

( b) it holds an authorisation issued in accordance with this Act, and

( c) it is not established pursuant to Council Directive No. 85/611/EEC of 20 December 1985 1, as amended from time to time.

F3 [ competent authority means a competent authority as that expression, by virtue of sections 60 and 61 of the Act of 2010, is to be construed for the purposes of Part 4 of that Act; ]

“debentures” means any debentures, debenture stock or bonds of any body corporate, incorporated in or outside the State, whether constituting a charge on the assets of the body or not;

“deed of constitution” or “deed” means the deed under which the common contractual fund is constituted, and references to the deed of constitution of a common contractual fund shall be construed accordingly;

F3 [ designated person has the meaning assigned to it by section 25 of the Act of 2010; ]

F3 [ Higher Executive Officer means the position of Higher Executive Officer, or a position equivalent to it, in the public body concerned; ]

“holding company” has the same meaning as in the Act of 1963;

F3 [ Member State , in addition to the meaning assigned to it by section 3(1) , includes, where relevant, a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 (as adjusted by the Protocol signed at Brussels on 17 March 1993);

]

F3 [ PPS number , in relation to an individual, means the person s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ; ]

F3 [ presenter shall be construed in accordance with section 18O(1) ; ]

F3 [ Principal Officer means the position of Principal Officer, or a position equivalent to it, in the public body concerned; ]

F3 [ senior managing official includes a director and a chief executive officer; ]

“sub-fund” means a separate portfolio of assets maintained by a common contractual fund in accordance with its deed of constitution;

“subsidiary” has the same meaning as in the Act of 1963;

“UCITS Regulations” means the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2003 ( S.I. No. 211 of 2003) as amended;

“unit-holder” means the holder of one or more units of a common contractual fund and references to a unit-holder in such a common contractual fund shall be construed accordingly;

“units” means instruments granting an entitlement to share in the investments and relevant income of a common contractual fund;

“umbrella fund” means a common contractual fund which is divided into a number of sub-funds.

(2) Any reference in this Part to a management company of a common contractual fund or to a custodian of such a common contractual fund shall be construed as a reference to the person in whom are vested the powers of management relating to property of the fund for the time being or, as the case may be, to the person in whom such property is entrusted for safe-keeping.

(3) Any reference in this Part to an authorisation, in relation to a common contractual fund, standing revoked under this Act shall be construed as a reference to an authorisation standing revoked under Regulation 102 of the UCITS Regulations as applied by section 18 .

(4) For the purposes of the application by section 18 of certain provisions of the UCITS Regulations to common contractual funds, the said provisions shall be construed as one with this Part.

Annotations

Amendments:

F3

Inserted (1.02.2021) by Investment Limited Partnerships (Amendment) Act 2020 (31/2020), s. 62, S.I. No. 19 of 2021.

F4

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 15(14) and sch. 2 part 14 para. 20, S.I. No. 469 of 2010.