Asset Covered Securities Act, 2001

PART 3

Designation of Credit Institutions

Offence to carry on asset covered securities business without designation by Authority.

12.—(1) A person shall not—

(a) purport to issue mortgage covered securities in accordance with this Act,

(b) represent or advertise that the person is a designated mortgage credit institution, or is authorised by this Act to carry on a business involving the issue of mortgage covered securities, or

(c) claim to have the benefits conferred on designated mortgage credit institutions by or under this Act,

unless the person is registered as a designated mortgage credit institution in accordance with this Part.

(2) A person shall not—

(a) purport to issue public credit covered securities in accordance with this Act,

(b) represent or advertise that the person is a designated public credit institution, or is authorised by this Act to carry on a business involving the issue of public credit covered securities, or

(c) claim to have the benefits conferred on designated public credit institutions by or under this Act,

unless the person is registered as a designated public credit institution in accordance with this Part.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable—

(a) on conviction on indictment, to a fine not exceeding €250,000 (£196,891), or

(b) on summary conviction, to a fine not exceeding €1,900 (£1,496.37).