Irish Collective Asset-management Vehicles Act 2015

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Disqualification of directors etc.

87. (1) The provisions of Chapter 4 of Part 14 of the Companies Act 2014 , and the other provisions of that Act relating to the disqualification of a person from being appointed or acting as a director or other officer, statutory auditor, receiver or liquidator, or being in any way (whether directly or indirectly) concerned or taking part in the promotion, formation or management of a company, have effect in accordance with subsection (2).

(2) Those provisions have effect as if—

(a) in the definition of “company” in section 837 after “Act” there were inserted “(including an Irish Collective Asset-management Vehicle)”,

(b) in the definition of “relevant requirement” in that section the reference to that Act included this Act and the reference to the Registrar included the Bank,

(c) the references to a company within the meaning of section 819(6) in sections 838, 848, 849 and 851 included an ICAV,

(d) the reference to that Act in section 839(1) (a) included this Act,

(e) in section 840—

(i) the references to section 149(8) included section 65 (6) of this Act,

(ii) the references to section 150(1) included section 66 (1) of this Act,

(iii) the reference to section 150(3) included section 66 (3) of this Act, and

(iv) the references to the Registrar included the Bank,

(f) in section 841—

(i) the references to section 23 included section 11 (3)(a)(ii) of this Act,

(i) the references to section 150(2) included section 66 (2) of this Act, and

(ii) the reference to section 149(8) included section 65 (6) of this Act,

(g) in section 842—

(i) the reference to section 286 included section 114 of this Act,

(ii) the reference to section 727 included section 157 of this Act,

(iii) the reference to Chapter 1 of Part 12 included Chapter 1 of Part 11 of this Act, and

(iv) the reference to section 733 included section 163 of this Act,

(h) in section 844(3) the reference to the Registrar included the Bank,

(i) in section 846 the reference to the Director of Corporate Enforcement included the Bank,

(j) in section 851(3) the references to the Registrar included the Bank,

(k) the references in sections 855(1), 858, 859 and 862 to a company included an ICAV,

(l) in section 863(2), in the case of an offence in relation to an ICAV—

(i) the reference to the Registrar were a reference to the Bank, and

(ii) the reference to prescribed particulars being given at such time and in such form and manner as may be prescribed were to particulars specified by the Bank being given at such time and in such form and manner as may be so specified,

and

(m) in section 864 the references to the Registrar included the Bank.