S.I. No. 394/2014 - Central Bank Reform Act 2010 (Sections 20 and 22) (Amendment) Regulations 2014.
Table of Provisions (10)
Statutory Text (10 Articles)
1. The manager of a branch in the State of a regulated financial service provider established in a country that is not an EEA country (PCF-41).”
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Central Bank Reform Act 2010 (Sections 20 and 22) Regulations 2011 (
S.I. No. 437 of 2011
).
2. In respect of a Credit Institution within the meaning of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992
i.Head of Treasury (PCF-21),
ii.Head of Credit (PCF-22),
iii.Head of Asset & Liability Management (PCF-23).
3. In respect of a Market Operator of a Regulated Market within the meaning of the European Communities (Markets in Financial Instruments) Regulations 2007
i.Head of Traded Markets (PCF-24),
ii.Head of International Primary Markets (PCF-25),
iii.Head of Regulation (PCF-26),
iv.Head of Operations (PCF- 27).
4. In respect of
(
a
) an Investment Firm within the meaning of the European Communities (Markets in Financial Instruments) Regulations 2007 or an Investment Business Firm authorised or required to be authorised under
section 10
of the
Investment Intermediaries Act 1995
other than
• an investment business firm which solely carries on the business of an investment product intermediary (within the meaning of
section 25
of the
Investment Intermediaries Act 1995
); or
• an entity authorised or required to be authorised under
section 10
of the
Investment Intermediaries Act 1995
which solely carries out
• the administration of collective investment schemes, including the performance of valuation services or fund accounting services or acting as a transfer agent or a registration agent for such schemes; or
• custodial operations involving the safekeeping and administration of investment instruments; or
(
b
) an alternative investment fund manager within the meaning of the European Union (Alternative Investment Fund Managers) Regulations 2013
i.Branch Managers within the State (PCF-28),
ii.Head of Trading (PCF-29),
iii.Chief Investment Officer (PCF-30),
iv.Head of Investment (PCF-31),
v.Head of Client Asset Oversight (PCF-45),
vi.Head of Investor Money Oversight (PCF-46).
5. In respect of
(
a
) an entity authorised or required to be authorised under
section 10
of the
Investment Intermediaries Act 1995
which carries out
• the administration of collective investment schemes, including the performance of valuation services or fund accounting services or acting as a transfer agent or a registration agent for such schemes; or
• custodial operations involving the safekeeping and administration of investment instruments; or
(
b
) trustees within the meaning of the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 or the
Unit Trusts Act 1990
or Part XIII of the
Companies Act 1990
or Custodians within the meaning of the
Investment Limited Partnerships Act 1994
or the
Investment Funds, Companies and Miscellaneous Provisions Act 2005
; or
(
c
) an alternative investment fund manager within the meaning of the European Union (Alternative Investment Fund Managers) Regulations 2013
i.Branch Managers within the State (PCF-32),
ii.Head of Transfer Agency (PCF-33),
iii.Head of Accounting (Valuations) (PCF-34),
iv.Head of Trustee Services (PCF-35),
v.Head of Custody Services (PCF-36),
vi.Head of Investor Money Oversight (PCF-46).
6. In respect of
(
a
) a UCITS Self-Managed Investment Company or Management Company within the meaning of the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011; or
(
b
) Management Company within the meaning of the
Unit Trusts Act 1990
or Part XIII of the
Companies Act 1990
or
Investment Funds, Companies and Miscellaneous Provisions Act 2005
; or
(
c
) General Partner within the meaning of the
Investment Limited Partnerships Act 1994
; or
(
d
) Internally managed AIFs or alternative investment fund manager within the meaning of the European Union (Alternative Investment Fund Managers) Regulations 2013
i.Head of Transfer Agency (PCF-37),
ii.Head of Accounting Valuations (PCF-38),
iii.Designated Person to whom a director of a UCITS Self Managed Investment Company or Alternative Investment Fund Manager or UCITS Management Company or a Management Company of an AIF may delegate the performance of the management functions (PCF-39),
iv.Head of Investor Money Oversight (PCF-46).
7. In respect of a Payment Institution authorised or required to be authorised under the European Communities (Payment Services) Regulations 2009 or an E-Money Institution within the meaning of the European Communities (Electronic Money) Regulations 2011
i.Branch Managers within the State (PCF-40).
8. In respect of a Retail Credit Firm within the meaning of the
Central Bank Act 1997
i.Head of Credit (PCF-47).
9. In this Part, a reference to UCITS Self Managed Investment Company shall be taken to mean an investment company within the meaning of the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 which has not designated a management company.
Part 3
Pre-Approval Controlled Functions
in relation to All
Regulated Financial Service Providers established outside the State
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
5
th September
, 2014.
In exercise of the powers conferred on the Central Bank of Ireland (“the Bank”) by
section 20
(1) and
section 22
(2) of the
Central Bank Reform Act 2010
, the Bank, hereby makes the following Regulations