Central Bank (Supervision and Enforcement) Act 2013

21.

Persons to whom this Part applies.

21.— (1) The following are persons to whom this Part applies (whether they are within or outside the State):

( a) a regulated financial service provider;

( b) a person who has applied for an authorisation but whose application has not been determined;

( c) a person whom the Bank or an authorised officer reasonably believes is or has been a regulated financial service provider or is or has been acting as, or claiming or holding itself out to be, a regulated financial service provider;

( d) a person who is or has been, or whom the Bank or an authorised officer reasonably believes is or has been, without an authorisation, providing a financial service in respect of which an authorisation is required;

( e) a related undertaking of any of the persons referred to in any of the preceding paragraphs;

( f) any person whom the Bank or an authorised officer reasonably believes may possess or have control of information about—

(i) a financial service, or

(ii) an investment, security or other financial instrument which is, or is to be, admitted to trading under the rules and systems of a regulated market or an equivalent system operating under the law of a territory other than the State;

( g) any other person whom the Bank or an authorised officer reasonably believes may possess information about a person referred to in any of the preceding paragraphs;

( h) a person who is, in relation to a person referred to in any of the preceding paragraphs, a person mentioned in subsection (2);

( i) a person who is or has been an officer or employee or agent of a person referred to in any of the preceding paragraphs or is, in relation to a person who is or has been such an officer, employee or agent, a person mentioned in subsection F6 [ (2) ; ]

F7 [ ( j ) a special manager or administrator, within the meaning of the European Union (Bank Recovery and Resolution) Regulations 2015 ( S.I. No. 289 of 2015 ), appointed in accordance with those F8 [ Regulations; ] ]

F9 [ ( k ) a financial holding company;

( l ) a mixed financial holding company. ]

(2) The persons referred to in subsection (1)(h) and (i) are—

( a) an administrator within the meaning of section 1(1) of the Insurance (No. 2) Act 1983 ,

( b) an administrator within the meaning of section 2 of the Investor Compensation Act 1998 ,

( c) a person appointed as an administrator of a credit union by virtue of section 137 of the Credit Union Act 1997 or appointed to act as a provisional administrator of a credit union by virtue of section 138 of that Act,

( d) a special manager appointed pursuant to the Credit Institutions (Stabilisation) Act 2010,

( e) a special manager appointed pursuant to the Central Bank and Credit Institutions (Resolution) Act 2011 ,

( f) an examiner, liquidator, receiver or official assignee, and

( g) a person with functions corresponding to those of any of the persons within the preceding paragraphs under the law of a territory other than the State.

(3) In subsection (1)(i) “agent”, in relation to a person referred to in subsection (1)(a) to (h), includes a past (as well as a present) agent and includes the person’s banker, accountant, solicitor, auditor and financial or other adviser.

Annotations

Amendments:

F6

Substituted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 188(a), in effect as per reg. 1(2).

F7

Inserted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 188(b), in effect as per reg. 1(2).

F8

Substituted (29.12.2020) by European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020), reg. 61(c)(i), in effect as per reg. 1(2).

F9

Inserted (29.12.2020) by European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020), reg. 61(c)(ii), in effect as per reg. 1(2).