Companies Act 2014

1363.

Power to make certain rules and issue guidelines

1363. (1) In this section “competent authority” means the competent authority designated under F483 [ the Domestic Regulations ].

(2) The competent authority may make rules imposing or enabling the competent authority to impose requirements on persons on whom an obligation or obligations are imposed by F483 [ EU prospectus law or Irish prospectus law ], being requirements—

(a) to do or not to do specified things so as to secure that the provisions of F484 [ EU prospectus law and Irish prospectus law ] are complied with and, in particular (without limiting the generality of this paragraph), to adopt specified procedures and use specified forms in the provision of information to the competent authority;

(b) to do or not to do specified things so as to secure the effective supervision by the competent authority of activities of the kind to which F483 [ EU prospectus law or Irish prospectus law ] relates and, in particular (without limiting the generality of this paragraph), to make such reports or disclose such matters, at such times and in such manner, to the competent authority or other specified persons as are provided for by the rules or specified by the competent authority pursuant to the rules, being reports or a disclosure of matters that is or are required by virtue or in consequence of the operation of F483 [ EU prospectus law or Irish prospectus law ].

(3) F485 [ ]

(4) The reference in subsection (2) to an obligation imposed on a person by F486 [ EU prospectus law or Irish prospectus law ] includes a reference to an obligation imposed on a person by virtue of the person’s exercising a right or option provided under F486 [ EU prospectus law or Irish prospectus law ].

(5) Rules under this section may contain such consequential, incidental or supplemental provisions as the competent authority considers necessary or expedient.

(6) Rules under this section shall not contain any provision that is inconsistent with F486 [ EU prospectus law or Irish prospectus law ] or require the provision of information to any person, the provision of which is not reasonably related to the purposes for which the applicable provisions of the F486 [ Prospectus Regulation ] have been adopted.

F486 [ (7) The provisions of the Domestic Regulations that relate to the imposition of administrative sanctions shall apply in relation to a contravention of rules under this section as they apply in relation to a contravention of a provision of EU prospectus law and, accordingly, a sanction that may be imposed pursuant to those provisions of the Domestic Regulations in respect of a contravention of a provision of EU prospectus law may, in accordance with the Domestic Regulations, be imposed in respect of a contravention of rules under this section. ]

(8) The competent authority may issue guidelines in writing as to the steps that may be taken to comply with F486 [ EU prospectus law or Irish prospectus law ].

(9) Rules made under section 51 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005 and in force immediately before the commencement of this section shall continue in force as if they were rules made under this section and may be amended or revoked accordingly.

Annotations

Amendments:

F483

Substituted (18.12.2019) by Finance (Tax Appeals and Prospectus Regulation) Act 2019 (39/2019), s. 22(a), (b)(i), S.I. No. 671 of 2019, subject to transitional provisions in s. 25

F484

Substituted (18.12.2019) by Finance (Tax Appeals and Prospectus Regulation) Act 2019 (39/2019), s. 22(b)(ii), S.I. No. 671 of 2019, subject to transitional provisions in s. 25.

F485

Deleted (18.12.2019) by Finance (Tax Appeals and Prospectus Regulation) Act 2019 (39/2019), s. 22(c), S.I. No. 671 of 2019, subject to transitional provisions in s. 25

F486

Substituted (18.12.2019) by Finance (Tax Appeals and Prospectus Regulation) Act 2019 (39/2019), s. 22(d)-(g), S.I. No. 671 of 2019, subject to transitional provisions in s. 25.

Editorial Notes:

E146

Power pursuant to section exercised (22.07.2019) by Central Bank (Investment Market Conduct) Rules 2019 (S.I. No. 366 of 2019).