109G.— (1) In this Chapter–

"Act of 2015" means the Legal Services Regulation Act 2015 (No. 65 of 2015);

"adjudication" means the process undertaken under this Chapter to decide–

(a) whether there has been a breach of a relevant obligation by a relevant provider, and

(b) where there has been a breach, whether to impose an administrative sanction on the relevant provider concerned in respect of that breach;

"adjudication officer" has, subject to section 109R(2), the meaning assigned to it by section 109I(1);

"administrative sanction" means one or both of the following:

(a) a financial penalty;

(b) a daily penalty payment;

"appropriate court" means–

(a) where no financial penalty or daily penalty payment is imposed under section 109U(12) or where the amount of a penalty imposed does not exceed €75,000 or such other sum as stands specified in law as that court’s jurisdiction in tort, the Circuit Court, or

(b) in any other case, the High Court;

"Authority" means the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established under Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024² establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010;

"Chapter 11 investigation" has the meaning assigned to it by section 109O(1);

"chief adjudication officer" means the adjudication officer appointed by the Minister under section 109I(3) to be the chief adjudication officer;

"commitment agreement" has the meaning assigned to it by section 109N(1);

"daily penalty payment" has the meaning assigned to it by section 109ZA(1);

"decision as to breach" has the meaning assigned to it by section 109U(4);

"director", in relation to a body corporate, includes–

(a) a person occupying the position of director, by whatever name called,

(b) a person who effectively directs or has a material influence over the business of the body corporate,

(c) a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, unless the directors are accustomed so to act by reason only that they do so on advice given by the person in a professional capacity, and

(d) where the affairs of the body corporate are managed by its members, any of the members who perform or exercise the functions of such management;

"investigation report" has the meaning assigned to it by section 109P(5);

"practising barrister" has the meaning it has in the Act of 2015;

"practising solicitor" has the meaning it has in the Act of 2015;

"relevant authorised officer" means an authorised officer appointed by the Minister under section 72 as applied by section 109H;

"relevant obligation" means an obligation imposed on a relevant provider –

(a) under any of the provisions of Chapter 1A, 3, 4 or 6 of this Part,

(b) under a direction under section 67, 68, 71 or 98,

(c) to comply with any condition of an authorisation (within the meaning of Chapter 9 of this Part), or

(d) under section 95 or 106;

"relevant officer" means–

(a) in relation to a body corporate–

(i) a person who exercises control (within the meaning of section 11 or 432 of the Taxes Consolidation Act 1997) in relation to the body,

(ii) a director, manager, secretary or other officer of the body,

(iii) a member of the board (including the chairperson) of the body,

(iv) the chief executive officer, managing director or any other person acting in such capacity (by whatever named called) of the body,

(v) a person who purports to act in a capacity referred to in subparagraph (ii), (iii) or (iv),

and

(b) in relation to a body corporate not established in the State, a person who–

(i) holds an office or position equivalent to any office or position referred to in subparagraphs (ii) to (iv) of paragraph (a), or

(ii) purports to act in a capacity of a person who holds such an office or position;

"relevant provider" means a trust or company service provider within the meaning of Chapter 9 of this Part.]