Irish Collective Asset-Management Vehicles Act 2015


Power of Bank to obtain information

165. (1) Where an ICAV has been struck off the register of ICAVs under section 163 on any of the grounds set out in section 156(a) or (b), the Bank may, by notice to the directors of the ICAV, require those persons to produce to the Bank a statement of affairs of the ICAV in accordance with this section.

(2) The persons to whom a notice is sent under subsection (1) shall, within the period specified in the notice in that behalf, produce to the Bank a statement of affairs of the ICAV that complies with subsection (3) .

(3) The statement of affairs shall—

(a) be in such form as may be specified by the Bank,

(b) be verified by an affidavit,

(c) contain the following information in respect of the ICAV as at the date of dissolution:

(i) particulars of its assets, debts and liabilities;

(ii) the names and addresses of its creditors;

(iii) particulars of securities given by the ICAV, including the name of the secured creditor in each case and the date on which the security was given;

(iv) such further or other information as may be specified by the Bank or that the Bank may reasonably require.

(4) On the application of the Bank, the High Court may require a person who has made a statement under subsection (2) to appear before it and answer on oath any question relating to the content of the statement.

(5) A person who fails to comply with subsection (2) commits a category 3 offence.