Asset Covered Securities Act 2001 (Approval of Transfers Between Anglo Irish Bank Corporation P.L.C. and Anglo Irish Mortgage Bank) Order, 2009

• Jurisdiction: Ireland
• Citation: IR SI 11/2009
• Year: 2009

S.I. No. 11 of 2009

ASSET COVERED SECURITIES ACT 2001 (APPROVAL OF TRANSFERS BETWEEN ANGLO IRISH BANK CORPORATION P.L.C. AND ANGLO IRISH MORTGAGE BANK) ORDER 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd January, 2009.

WHEREAS ANGLO IRISH BANK CORPORATION p.l.c. (“Anglo”) a company incorporated in the State with registered number 22045, having its registered office at Stephen Court, 18/21 Stephen’s Green, Dublin 2 and being the holder of a licence under section 9 of the Central Bank Act 1971 (No. 24 of 1971) and ANGLO IRISH MORTGAGE BANK (subject to paragraph 4 of this order, “AIMB”) a company incorporated in the State with registered number 462796, having its registered office at Stephen Court, 18/21 Stephen’s Green, Dublin 2 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 commercial mortgage credit institution under the Asset Covered Securities Act 2001 (No. 47 of 2001) (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 (No. 22 of 1942) designates the Irish Financial Services Regulatory Authority (the “Financial Regulator”) 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 Financial Regulator 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 Financial Regulator is satisfied as required under 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 Financial Regulator in respect of the Scheme have been or will be complied with;

AND WHEREAS Anglo is associated with AIMB within the meaning of section 58(12) of the Act and accordingly, the Financial Regulator is the relevant person for the purposes of section 58 of the Act and any Transfer between Anglo and AIMB;

NOW the Financial Regulator, in the exercise of the powers conferred on the Financial Regulator 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 Anglo Irish Bank Corporation p.l.c. and Anglo Irish Mortgage Bank) Order 2009.

2. A word or expression that is used in this order and is used and defined in the Act has, unless...