The Central Bank Act 1942 (Section 32D) (Additional And Supplementary Supervisory Levies – Regulated Entities) Regulations 2019.

 
FREE EXCERPT

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st February, 2019

In exercise of the powers conferred on it by section 32D of the Central Bank Act 1942 (as inserted by the Central Bank Reform Act 2010 ), the Central Bank Commission hereby makes the following regulations which are effective with the approval of the Minister for Finance:

1. These Regulations may be cited as the Central Bank Act 1942 (Section 32D) (Additional and Supplementary Supervisory Levies - Regulated Entities) Regulations 2019.

2. In these Regulations:

“additional supervisory levy” means the amount determined as being due and owing, payable following:

(a) authorisation;

(b) an extension of an existing authorisation of a regulated entity;

(c) approval of a sub-fund;

which is calculated in accordance with the Schedule hereto;

“additional supervisory supplementary levy” means the amount determined as being due and owing, payable following:

(a) authorisation;

(b) an extension of an existing authorisation of a regulated entity;

(c) a significant expansion in activities,

which is calculated in accordance with the Schedule hereto;

“authorisation” means an authorisation or approval granted by the Bank, under the following-

(a) Section 9 or 9A of the Central Bank Act, 1971 ;

(b) the Unit Trusts Act 1990 (No. 37 of 1990);

(c) the Investment Limited Partnership Act 1994 (No. 24 of 1994);

(d) the Investment Intermediaries Act 1995 (No. 11 of 1995);

(e) the Investment Funds, Companies and Miscellaneous Provisions Act 2005 (No. 12 of 2005);

(f) the European Union (Alternative Investment Fund Managers) Regulations 2013 ( SI No. 257 of 2013 );

(g) Part 24 of the Companies Act 2014 (No. 38 of 2014);

(h) the Irish Collective Asset-management Vehicles Act 2015 (No. 2 of 2015);

(i) the European Union (Markets in Financial Instruments) Regulations 2017 (No. 375 of 2017); and

(j) the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 ( No. 352 of 2011 );

“due date” means the day that falls 28 days after the date of issue of the levy notice, as specified on such levy notice;

“extension of an existing authorisation” means a change in the authorisation of a regulated entity which will result in the firm being authorised to:

(a) provide additional business services; or

(b) deal in more financial instruments than was previously the case;

“levy notice” means each notice specifying the additional supervisory levy and/or additional supervisory supplementary levy sent by the Bank to a regulated entity in accordance with these Regulations;

“regulated entity” includes sub-fund and former regulated entity.

3. Where a regulated entity is authorised, approved, granted approval to extend an existing authorisation or where consideration is given to a significant expansion in activities, the Bank shall, within 12 months from the date of authorisation, approval, granting of approval of an extension of an existing authorisation or the consideration of a significant expansion in activities, issue to the regulated entity a levy notice.

4. The Bank may waive or reduce the relevant levy, or part thereof, in exceptional circumstances at the Bank’s discretion.

5. A regulated entity is required to pay the additional supervisory levy and/or the additional supervisory supplementary levy prescribed in the Schedule hereto whether or not a levy notice has been issued by the Bank under Regulation 6 within 12 months from the date of authorisation, approval, granting of approval of an extension of an existing authorisation or the consideration of a significant expansion in activities.

6. The Bank may send to a regulated entity a levy notice specifying:

(a) the additional supervisory levy and/or additional supervisory supplementary levy assessed by the Bank to be payable by that regulated entity; and

(b) the due date for payment of the relevant levy.

7. The additional supervisory levy and/or additional supervisory supplementary levy and any interest accrued in accordance with Regulation 9 shall be paid by a regulated entity by direct bank transfer or equivalent electronic transfer of funds to a bank account specified by the Bank, or as is otherwise specified by the Bank.

8. (a) A regulated entity or former regulated entity may, no later than 21 days following a due date, submit an appeal under this Regulation in respect of the additional supervisory levy and/or additional supervisory supplementary levy payable by them;

(b) An appeal must set out in writing the grounds of the appeal and should include, in particular, all supporting documentation or representations;

(c) Payment or a receipt evidencing payment of that portion of the levy that is not under appeal must be submitted with an appeal under this Regulation;

(d) The Bank shall advise the regulated entity concerned in writing of its determination of the appeal and details of any amount outstanding in respect of the disputed amount of the levy and the due date applicable for the payment of any outstanding additional supervisory levy and/or additional supervisory supplementary levy.

9. Without prejudice to any other remedy available to the Bank, where the additional...

To continue reading

REQUEST YOUR TRIAL