Irish Collective Asset-Management Vehicles Act 2015

11.

Contents of statement required by section 10(2)(b)(ii)

11. (1) A statement complies with this section if the following conditions are met.

(2) The first condition is that the statement is in writing and contains the name and the particulars specified in subsection (3) in relation to—

(a) the persons who are to be the first directors of the ICAV,

(b) the person who is, or the persons who are, to be the first secretary or joint secretaries of the ICAV, and

(c) the situation of the ICAV’s head office and registered office.

(3) The particulars referred to in subsection (2) are—

(a) in relation to a person named as a director of the ICAV—

(i) all particulars which are, in relation to a director, required pursuant to subsection (2) of section 65 to be contained in the register kept under that section, and

(ii) if the person is disqualified under the law of a country or territory other than the State (whether pursuant to an order of a judge or a tribunal or otherwise) from being appointed or acting as a director or secretary of a body corporate or an undertaking, the particulars which are required by section 66(1) to be stated in a notification under section 65(6) ,

and

(b) in relation to a person named as secretary, or as one of the joint secretaries, all particulars which are, in relation to the secretary or each joint secretary, required pursuant to subsection (4) of section 65 to be contained in the register kept under that section.

(4) The second condition is that the statement is signed by or on behalf of the subscribers to the instrument of incorporation and is accompanied by a consent signed by each of the persons named in the statement as a director, secretary or joint secretary to act in that capacity.

(5) The third condition is that where the application for the making of a registration order is made by a person as agent for the subscribers to the instrument of incorporation the statement so specifies and gives the name and address of the agent.

(6) The persons who are specified in the statement as the directors, secretary or joint secretaries of the ICAV shall, on the incorporation of the ICAV, be deemed to have been appointed as the first directors, secretary or joint secretaries of the ICAV, and any indication in the instrument of incorporation, as delivered to the Bank under this Part, specifying a person as a director, secretary or joint secretary of an ICAV shall be void unless such person is specified as a director, secretary or joint secretary in the statement.