Irish National Petroleum Corporation Limited Act, 2001

Transfer of assets relating to Agency.

7.—(1) Notwithstanding any provision in the memorandum or articles of association of the Agency or any enactment to the contrary, the Minister may, with the prior approval of the Minister for Finance, by order direct the Agency to transfer any or all of its assets or liabilities or both, including petroleum, to the Minister or other public authority on such terms and conditions as the Minister thinks fit and, where appropriate, more than one such transfer may be so ordered.

(2) Notwithstanding any provision in the memorandum or articles of association of the Corporation or any enactment to the contrary, the Minister may, with the prior approval of the Minister for Finance, by order direct the Corporation to transfer all or any of its assets or liabilities or both, including all or any of the shares owned by the Corporation in the Agency, to the Minister or other public authority on such terms and conditions as the Minister thinks fit and, where appropriate, more than one such transfer may be so ordered.

(3) Amounts (if any) paid by the Minister in respect of a transfer directed under subsection (1) or (2) shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(4) Stamp duty shall not be chargeable on any instrument under which stocks or marketable securities of the Agency are transferred to the Minister or other public authority.

(5) In this section “other public authority” means—

(a) a Minister of the Government other than the Minister,

(b) a body established by or under statute, other than a company incorporated under the Companies Acts, 1963 to 1999,

(c) a company incorporated under the Companies Acts, 1963 to 1999, in which all the shares are held by or on behalf of, or by directors appointed by, a Minister of the Government, or

(d) a company to which paragraph (c) does not relate in which all the shares are held directly or indirectly by one or more of the following:

(i) one or more than one Minister of the Government,

(ii) one or more than one body to which paragraph (b) relates,

(iii) one or more than one company to which paragraph (c) relates.