National Treasury Management Agency (Amendment) Act 2014

Directions of Agency

49F

49F. (1) The Agency may, in relation to any NAMA bank asset, direct a participating institution from which the NAMA bank asset was acquired to—

(a) deliver to the Agency all its books and records in relation to the NAMA bank asset concerned and any documents of title that the participating institution holds for any property that is subject to a security that is part of that NAMA bank asset, and

(b) provide any information or explanation that the Agency requires in relation to those books, records and documents.

(2) A participating institution shall comply with a direction under subsection (1).

(3) Where the Agency directs a participating institution under subsection (1) to deliver to the Agency books, records or documents, the participating institution shall also ensure that facilities are provided to the Agency for the purposes of the inspection of or taking copies from any such book, record or document and that any officer, employee or agent of the participating institution who is able to do so provides an explanation of any such book, record or document, including an explanation of any apparent omission from such a book, record or document.

(4) If a participating institution fails to comply with a direction under subsection (1), the Agency may apply to the Court, on notice to the participating institution, for an order directing the participating institution to comply with the direction.

(5) The Court may make an order (including a mandatory or interlocutory order) under subsection (4) if the Court is satisfied that the production of the book, record, document or explanation, as the case may be, is reasonably necessary to enable the Agency to perform any of its functions under this Part.

(6) Where the Agency so directs, a participating institution shall retain custody, on behalf of the Agency, of any book, record, document or document of title referred to in this section subject to the giving of an accountable trust receipt or on other terms that the Agency directs.

(7) In this section, "Court" means the High Court.]

Annotations

Amendments:

F27

Inserted (22.07.2026) by National Treasury Management Agency (Miscellaneous Provisions) Act 2026 (22/2026), s. 21, S.I. No. 355 of 2026.