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Investment Funds, Companies and Miscellaneous Provisions Act 2006

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Number 41 of 2006

INVESTMENT FUNDS, COMPANIES AND MISCELLANEOUS PROVISIONS ACT 2006

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation and construction.

2. Commencement.

3. Definitions.

4. Orders and regulations.

5. Expenses.

PART 2

Amendments of Companies Acts

6. Statutory declarations for purposes of Companies Acts.

7. Amendment of section 33 of Companies Act 1963.

8. Amendment of section 21 of Companies (Amendment) Act 1983.

9. Exemption from audit requirement.

10. Application of section 9 and transitional provisions.

11. Restrictions on, and disqualifications of, persons from acting as directors, etc.

12. Dematerialisation.

13. Amendment of section 43 of Act of 2005.

14. Amendment of section 45 of Act of 2005.

15. Amendments of Act of 2005 consequential on amendment made by section 14.

16. Amendment of section 9 of Companies (Auditing and Accounting) Act 2003.

17. Amendment of section 10 of Companies (Auditing and Accounting) Act 2003.

18. Amendment of section 29 of Companies (Auditing and Accounting) Act 2003.

PART 3

Transparency Requirements Regarding Issuers of Securities Admitted to Trading on Certain Markets

19. Interpretation (Part 3).

20. Power to make certain regulations.

21. Conviction on indictment of offences under transparency (regulated markets) law.

22. Supplementary rules, etc., by competent authority.

23. Amendment of section 33AK of Central Bank Act 1942.

24. Application of transparency (regulated markets) law to certain markets.

PART 4

Miscellaneous

25. Amendment of section 1 of Act of 1997.

26. Amendment of section 2 of Act of 1997.

27. Further amendment of section 2 of Act of 1997.

28. Amendment of Act of 1997 — insertion of new section 2B.

29. Amendment of section 8 of Act of 1997.

30. Amendment of Schedule to Act of 1997.

31. Revocation of S.I. No. 87 of 2001.

32. Amendment of European Communities (Takeover Bids (Directive 2004/25/EC)) Regulations 2006.

33. Amendment of Consumer Information Act 1978.

34. Amendment of sections 33C and 33AN of, and Schedule 2 to, Central Bank Act 1942.

35. Amendment of Netting of Financial Contracts Act 1995.

Acts Referred to

Central Bank Act 1942

1942, No. 22

Central Bank and Financial Services Authority of Ireland Act 2003

2003, No. 12

Central Bank and Financial Services Authority of Ireland Act 2004

2004, No. 21

Companies (Amendment) Act 1983

1983, No. 13

Companies (Amendment) (No. 2) Act 1999

1999, No. 30

Companies (Auditing and Accounting) Act 2003

2003, No. 44

Companies Act 1990

1990, No. 33

Companies Act 1963

1963, No. 33

Company Law Enforcement Act 2001

2001, No. 28

Consumer Information Act 1978

1978, No. 1

Diplomatic and Consular Officers (Provision of Services) Act 1993

1993, No. 33

European Communities Act 1972

1972, No. 27

Interpretation Act 2005

2005, No. 23

Investment Funds, Companies and Miscellaneous Provisions Act 2005

2005, No. 12

Investment Limited Partnership Act 1994

1994, No. 24

Irish Takeover Panel Act 1997

1997, No. 5

Limited Partnerships Act 1907

7 Edw., c. 24

Netting of Financial Contracts Act 1995

1995, No. 25

Solicitors Act 1954

1954, No. 36

Statutory Declarations Act 1938

1938, No. 37

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Number 41 of 2006

INVESTMENT FUNDS, COMPANIES AND MISCELLANEOUS PROVISIONS ACT 2006

AN ACT TO AMEND AND EXTEND THE COMPANIES ACTS, THE IRISH TAKEOVER PANEL ACT 1997, THE CENTRAL BANK ACT 1942, THE CONSUMER INFORMATION ACT 1978 AND THE NETTING OF FINANCIAL CONTRACTS ACT 1995, TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 2004/109/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 DECEMBER 2004 AND TO PROVIDE FOR RELATED MATTERS.

[24th December, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: