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Amendment of Act of 2015 - new section 85A enabling application to be made in anticipation of apprehended proceedings
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53. The Act of 2015 is amended by the insertion of the following section after section 85:
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“Anticipated claim: similar power of relief as under section 85
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85A. (1) If an officer of an ICAV has reason to apprehend that any claim will or might be made against him or her in respect of any negligence, default, breach of duty or breach of trust (the ‘wrong concerned’) he or she may make the following application to the court.
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(2) That application is an application to be relieved of liability in respect of the wrong concerned; on the making of such an application the court shall have the same power to relieve the applicant as it would have had (by virtue of section 85) if it had been a court before which proceedings against that person for the wrong concerned had been brought.”.
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