Asset Covered Securities Act, 2001 (Approval of Transfers Between the Governor and Company of the Bank of Ireland and Bank of Ireland Mortgage Bank) Order, 2004

• Jurisdiction: Ireland
• Citation: IR SI 421/2004
• Year: 2004

WHEREAS THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND (“GovCo”) a corporation incorporated in the State with registered number C-1, having its principal office at Lower Baggot Street, Dublin 2 and being the holder of a licence under section 9 of the Central Bank Act 1971 (No. 24 of 1971) and BANK OF IRELAND MORTGAGE BANK (the “DCI”) a company incorporated in the State with registered number 386415, having its registered office at New Century House, I.F.S.C., Mayor Street Lower, Dublin 1 and being the holder of a licence under section 9 of the Central Bank Act, 1971 (No. 24 of 1971) and registered as a designated mortgage credit institution under >the Asset Covered Securities Act, 2001 (No. 47 of 2001) (as amended, the “Act”), have submitted the Scheme (as defined below) to the Central Bank and Financial Services Authority of Ireland (the “Central Bank”) for its approval under section 58(4) of the Act;

AND WHEREAS Section 33C of the Central Bank Act 1942 (as amended) designates the Irish Financial Services Regulatory Authority (the “Authority”) as being the body responsible for carrying out the functions of the Central Bank under Section 58(4) of the Act;

AND WHEREAS the Scheme contains such details as the Authority requires with respect to the business or the assets which are or may be the subject of any Transfer (as defined below) and specifies the date or dates on which each Transfer is to take place or how that date or those dates are to be ascertained;

AND WHEREAS the Authority is satisfied as required to section 58(6) of the Act that the Scheme will achieve the purpose referred to in section 58(5) of the Act and that the conditions (if any) imposed by the Authority in respect of the Scheme have been or will be complied with;

AND WHEREAS GovCo is associated with the DCI within the meaning of section 58(12) of the Act and accordingly, the Authority is the relevant person for the purposes of section 58 of the Act and any Transfer between GovCo and the DCI;

NOW the Authority, in the exercise of the powers conferred on the Authority under section 58(6) of the Act hereby orders as follows: 1. This order may be cited as the Asset Covered Securities Act, 2001 (Approval of Transfers between The Governor and Company of the Bank of Ireland and Bank of Ireland Mortgage Bank) Order 2004. 2. A word or expression that is used in this order and is used and defined in the Act has, unless the contrary intention appears, the same meaning in this order as in the Act. 3. A word or expression that is used in this order and is used and defined in the Scheme but not in the Act, has unless the contrary intention appears, the...