National Asset Management Agency Act 2009

203

Obligation to pass certain information to law-enforcement authorities.

203.— Where NAMA has reason to suspect that—

(a) a participating institution may have committed a criminal offence, or

(b) a participating institution may have contravened a law relating to taxation, companies, the regulation of financial services, or competition,

then NAMA shall report the information that leads it to form that suspicion to—

(i) the Garda Síochána,

(ii) the Revenue Commissioners,

(iii) the Director of Corporate Enforcement,

(iv) the Competition Authority,

F22[(v) the Central Bank,]

(vi) any other body (whether within the State or not) responsible for the detection or investigation of criminal offences, or

(vii) any other body (whether within the State or not) responsible for the detection or investigation of contraventions of law (whether of the State or not) relating to taxation, companies, the regulation of financial services, or competition,

as the case appears to it to require.

Annotations

Amendments:

F22

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 15(11) and sch. 2 part 11 item 11, S.I. No. 469 of 2010.

Modifications (not altering text):

C11

Functions transferred and references to "Director of Corporate Enforcement" construed by Companies Act 2014 (38/2014), s. 944E, as inserted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 10, S.I. No. 335 of 2022.

[Transfer of functions of Director to Authority

944E. (1) All functions that, immediately before the establishment day, were vested in the Director are transferred to the Authority.

(2) Subject to section 36 of the Companies (Corporate Enforcement Authority) Act 2021, a reference in—

(a) any enactment (other than this Act) to the Director or to the office of the Director, or

(b) any instrument under an enactment to the Director or to the office of the Director,

shall be construed as a reference to the Authority.]

C12

Functions transferred and references to “Competition Authority” construed (1.08.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 39, S.I. No. 367 of 2014.

39.—(1) All functions that, immediately before the establishment day, were vested in the dissolved bodies are transferred to the Commission.

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or

(b) the Competition Authority,

shall, on and after that day, be construed as references to the Commission.

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