Irish Collective Asset-management Vehicles Act 2015


Investigations, Compliance and Enforcement


173. (1) The provisions of Part 13 of the Companies Act 2014 , and the other provisions of that Act relating to investigations of companies, apply, subject to necessary modifications and the specific modifications specified in subsection (2), in relation to an ICAV as if it were an investment company.

(2) The modifications are the following:

(a) references to a body corporate include a company;

(b) the references in sections 752 to 757 to agents include depositaries and trustees within the meaning of the UCITS Regulations;

(c) in section 755(2)(a) for the words after “ agreement” there is substituted a reference to a transaction within section 75 (1) of this Act and in section 755(4) for the reference to section 220 there is substituted a reference to section 77 of this Act;

(d) the duty in section 759(1) to provide a copy of an inspector’s report to the Director of Corporate Enforcement includes a duty to forward a copy to the Bank (so that section 759(2)(b)(vi) does not apply);

(e) the reference in section 763(1) to Chapter 5 of Part 5 is to section 82 of this Act;

(f) the references to the Registrar in sections 765(4) and 770 are to the Bank;

(g) the reference in section 785(4) to section 286 is to section 114 of this Act.