Credit Institutions (Financial Support) Act 2008

6.

Provision of financial support for credit institutions.

F4 [ 6 . (1) As and from the relevant date, and in accordance with this section, the Minister may provide financial support directly or indirectly to any current or former credit institution or current or former subsidiary of a credit institution or former credit institution which the Minister may specify by order having regard to

( a ) the matters set out in section 2,

( b ) the extent and nature of the obligations (including the degree of control over possible abuse of the financial support) undertaken and which might be undertaken in the future, and

( c ) the resources available to him or her for that purpose.

(1A) For the purposes of this section, the provision of indirect financial support includes the provision of financial support to a person (in particular, a company whose objects include the provision of such financial support) in connection with financial support provided or to be provided by that person to

( a ) a credit institution or former credit institution or current or former subsidiary of a credit institution or former credit institution, or

( b ) credit institutions (including former credit institutions and current or former subsidiaries of credit institutions or former credit institutions) generally.

(1B) The Minister may establish a company incorporated under the Companies Acts whose objects include the provision of financial support or operating as a parent undertaking of one or more credit institutions to whom the Minister has provided financial support. ]

(2) F5 [ ]

F6 [ (3) Financial support provided under this section shall not continue beyond

( a ) 29 September 2010, or

( b ) a later date specified by the Minister by order.

(3A) The Minister may specify a date under subsection (3)(b) if and only if

( a ) he or she is satisfied, after consulting the Governor and the Regulatory Authority, that the circumstances set out in section 2 exist and are likely to continue to exist until the date to be specified, and

( b ) he or she is satisfied that it is necessary in the public interest that assistance continue to be provided under this section until that date.

(3B) F7 [ ] ]

(4) Financial support may be provided under this section in a form and manner determined by the Minister and on such commercial or other terms and conditions as the Minister thinks fit. Such provision of financial support may be effected by individual agreement, a scheme made by the Minister or otherwise. Without prejudice to the Minister’s discretion as to such conditions, all financial support provided shall so far as possible ultimately be recouped from the credit institution or subsidiary to which the support was provided.

F8 [ (4A) Where financial support is to be provided pursuant to a scheme under subsection (4), the Minister may, at the Minister s discretion, specify by order a period or periods during which credit institutions may incur borrowings, liabilities and obligations in respect of which financial support may be provided. ]

(5) Where the Minister proposes to make a scheme under subsection (4)

( a) he or she shall cause a draft of the proposed scheme to be laid before each House of the Oireachtas, and

( b) he or she shall not make the scheme unless and until a resolution approving of the draft has been passed by each such House.

(6) Without prejudice to subsection (4), the conditions under which the Minister provides financial support under this section may include conditions regulating the commercial conduct of the credit institution or subsidiary to which the support is provided, and in particular may include conditions to regulate the competitive behaviour of that credit institution or subsidiary.

(7) The Minister may, as a condition of providing financial support to a credit institution or subsidiary under this section, require the credit institution or subsidiary to fulfil the requirements for the time being imposed by the Central Bank or equivalent authority (including those in relation to the conduct of its business and its competitive behaviour) and to continue to do so.

(8) A condition referred to in this section—

( a) may, where financial support is provided to a credit institution under this section, regulate the commercial conduct of a subsidiary (whether or not financial support is being provided to the subsidiary), and

( b) may, where financial support is provided under this section to a subsidiary of a credit institution, regulate the commercial conduct of the credit institution or another subsidiary (whether or not financial support is being provided to the credit institution).

(9) The Minister may subscribe for, take an allotment of or purchase shares and any other securities in a credit institution or subsidiary to which financial support is provided under this section on such terms as the Minister sees fit.

(10) The Minister may withdraw or revoke financial support provided to a credit institution or a subsidiary under this section in accordance with the terms or conditions of the financial support as the Minister thinks fit.

(11) For the purposes of this section, the Minister may, whenever and so often as he or she thinks fit, create and issue securities—

( a) bearing interest at such rate as he or she thinks fit, or no interest,

( b) for such cash or non-cash deferred consideration as he or she thinks fit, and

( c) subject to such terms and conditions as to repayment, repurchase, cancellation and redemption or any other matter as he or she thinks fit.

(12) All money to be paid out or non-cash assets to be given by the Minister under this section may be paid out of the Central Fund or the growing produce thereof.

(13) Money paid by a credit institution or subsidiary to the Minister, or any non-cash consideration received by the Minister from such credit institution or subsidiary, is to be paid into, or disposed of for the benefit of, the Exchequer in connection with the performance of his or her functions under this section or for any other purpose in such manner as the Minister thinks fit.

(14) Where financial support has been provided under this section to a credit institution or subsidiary, the Minister—

( a) shall from time to time review the necessity for the financial support, and

( b) if he or she is satisfied, having regard to the considerations set out in section 2 , that the financial support is no longer necessary, shall withdraw the financial support.

(15) As soon as practicable after the end of 2009 and each year thereafter, the Minister shall lay a report before each House of the Oireachtas for the purpose of informing the members of each House on the situation with regard to any financial support provided under this section. The report shall give particulars of—

( a) the aggregate amount of payment and the amount (if any) repaid to the Minister on foot of the payment, and

( b) the aggregate amount of money that was outstanding at the end of that year on foot of such financial support.

(16) The publication of the reports required by subsection (15) shall be taken as satisfying any obligation of the Minister under Regulation 3 of the European Communities (Financial Transparency) Regulations 2004 ( S.I. No. 693 of 2004).

(17) A reference in section 99(2) of the Companies Act 1963 to a charge shall be taken not to include any charge to secure a liability or obligation arising under this section created by a credit institution or subsidiary in favour of the Minister or any agent of the Minister (including the National Treasury Management Agency) or the Central Bank. Section 99 of that Act shall not apply to any such charge.

(18) Notwithstanding any provision in the memorandum or articles of association of a credit institution or subsidiary that provides for the keeping of a register of charges created by that credit institution or subsidiary, a charge of a kind referred to in subsection (17) shall not be entered in that register.

(19) In subsection (18)“articles of association” shall, in the case of a body corporate that is not a company within the meaning of the Companies Acts, be taken to include any other instrument constituting or defining its constitution, including bye-laws.

F9 [ (20) In the event of there being any doubt or uncertainty over whether financial support provided or proposed to be provided to a current or former credit institution or current or former subsidiary of a credit institution or former credit institution may be provided under this section, the Minister may determine the matter. The Minister s determination is conclusive. ]

Annotations

Amendments:

F4

Substituted and inserted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 74 and sch. 1 part 4 item 1, S.I. No. 623 of 2010.

F5

Deleted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 74 and sch. 1 part 4 item 2, S.I. No. 623 of 2010.

F6

Substituted and inserted (1.12.2009) by Financial Measures (Miscellaneous Provisions) Act 2009 (14/2009), s. 17 and sch. 2 part 2 item 2, S.I. No. 455 of 2009.

F7

Deleted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 74 and sch. 1 part 4 item 3, S.I. No. 623 of 2010.

F8

Inserted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 74 and sch. 1 part 4 item 4, S.I. No. 623 of 2010.

F9

Substituted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 74 and sch. 1 part 4 item 5, S.I. No. 623 of 2010.

Editorial Notes:

E2

Power pursuant to subs. (4A) exercised:

• (14.12.2012) by Credit Institutions (Financial Support) (Financial Support Period)(No. 2) Order 2012 (S.I. No. 521 of 2012).

• (27.06.2012) by Credit Institutions (Financial Support) (Financial Support Period) Order 2012 (S.I. No. 224 of 2012).

E3

Power pursuant to subs. (4) exercised:

• (14.12.2012) by Credit Institutions (Eligible Liabilities Guarantee) (Amendment) Scheme 2012 (S.I. No. 519 of 2012).

• (8.12.2011) by Credit Institutions (Eligible Liabilities Guarantee) (Amendment) Scheme 2011 (S.I. No. 634 of 2011).

• (19.11.2010) by Credit Institutions (Eligible Liabilities Guarantee) (Amendment) (No. 2) Scheme 2010 (S.I. No. 546 of 2010).

• (29.09.2010) by Credit Institutions (Eligible Liabilities Guarantee) (Amendment) Scheme 2010 (S.I. No. 470 of 2010).

• (9.12.2009) by Credit Institutions (Eligible Liabilities Guarantee) Scheme 2009 (S.I. No. 490 of 2009).

• (20.10.2008) by Credit Institutions (Financial Support) Scheme 2008 (S.I. No. 411 of 2008).

E4

Previous affecting provision: power pursuant to subs. (3B) exercised:

• (8.12.2011) by Credit Institutions (Financial Support) (Financial Support Period) (No. 2) Order 2011 (S.I. No. 635 of 2011).

• (1.06.2011) by Credit Institutions (Financial Support) (Financial Support Period) Order 2011 (S.I. No. 257 of 2011).

• (19.11.2010) by Credit Institutions (Financial Support) (Financial Support Period) (No. 2) Order 2010 (S.I. No. 547 of 2010).

• (29.09.2010) by Credit Institutions (Financial Support) (Financial Support Period) Order 2010 (S.I. No. 472 of 2010).

• (9.12.2009) by Credit Institutions (Financial Support) (Financial Support Period) Order 2009 (S.I. No. 489 of 2009).

E5

Power pursuant to subs. (3)(b) exercised:

• (14.12.2012) by Credit Institutions (Financial Support) (Financial Support Date) (No. 2) Order 2012 (S.I. No. 520 of 2012).

• (27.06.2012) by Credit Institutions (Financial Support) (Financial Support Date) Order 2012 (S.I. No. 225 of 2012).

• (8.12.2011) by Credit Institutions (Financial Support) (Financial Support Date) (No. 2) Order 2011 (S.I. No. 636 of 2011).

• (1.06.2011) by Credit Institutions (Financial Support) (Financial Support Date) Order 2011 (S.I. No. 256 of 2011).

• (19.11.2010) by Credit Institutions (Financial Support) (Financial Support Date) (No. 2) Order 2010 (S.I. No. 548 of 2010).

• (29.09.2010) by Credit Institutions (Financial Support) (Financial Support Date) Order 2010 (S.I. No. 471 of 2010).

• (9.12.2009) by Credit Institutions (Financial Support) (Financial Support Date) Order 2009 (S.I. No. 488 of 2009).

E6

Power pursuant to subs. (1) exercised:

• (19.07.2010) by Credit Institutions (Financial Support) (Specification of Institutions) Order 2010 (S.I. No. 358 of 2010).

• (4.12.2008) by Credit Institutions (Financial Support) (Specification of Institutions) (No. 3) Order 2008 (S.I. No. 515 of 2008).

• (5.11.2008) by Credit Institutions (Financial Support) (Specification of Institutions) (No. 2) Order 2008 (S.I. No. 425 of 2008).

• (24.10.2008) by Credit Institutions (Financial Support) (Specification of Institutions) Order 2008 (S.I. No. 416 of 2008).

E7

Previous affecting provision: subs. (1) amended (1.12.2009) by Financial Measures (Miscellaneous Provisions) Act 2009 (14/2009), s. 17 and sch. 2 part 2 item 1, S.I. No. 455 of 2009; subs. (1) subsequently substituted as per F note above.

E8

Previous affecting provision: subs. (3B) inserted (1.12.2009) by Financial Measures (Miscellaneous Provisions) Act 2009 (14/2009), s. 17 and sch. 2 part 2 item 2, S.I. No. 455 of 2009; subsequently deleted as per F note above.

E9

Previous affecting provision: subs. (20) inserted (1.12.2009) by Financial Measures (Miscellaneous Provisions) Act 2009 (14/2009), s. 17 and sch. 2 part 2 item 3, S.I. No. 455 of 2009; subsequently substituted as per F note above.