Irish Collective Asset-management Vehicles Act 2015

Examination as to solvency status of director etc.

64. (1) Where the Director of Corporate Enforcement has reason to believe that a director or secretary of an ICAV is an undischarged bankrupt, the Director may require the director or secretary of the ICAV to produce by a specified date a sworn statement of all relevant facts pertaining to the director’s, or secretary’s, financial position, both within the State and elsewhere, and, in particular, to any matter pertaining to bankruptcy as at a particular date.

(2) The High Court may, on the application of the Director of Corporate Enforcement, require a director or secretary of an ICAV who has made a statement under subsection (1) to appear before it and answer on oath any question pertaining to the content of the statement.

(3) The High Court may, on the application of the Director of Corporate Enforcement, make a disqualification order against a person who is a director or secretary of an ICAV, to be for such period as the High Court specifies, on the grounds that the person is an undischarged bankrupt.

(4) A director or secretary of an ICAV who fails to comply with a requirement under subsection (1) commits a category 3 offence.