STATUTORY INSTRUMENTS

S.I. No. 325 of 2005

CENTRAL BANK ACT 1942 (SECTION 33K) REGULATIONS 2005

S.I. No. 325 of 2005

Central Bank Act 1942 (Section 33K) Regulations 2005

I, Liam O'Reilly, Chief Executive of the Irish Financial Services Regulatory Authority, in exercise of the powers conferred on me by Section 33K of the Central Bank Act, 1942 (as inserted by the Central Bank and Financial Services Authority of Ireland Act, 2003), with the agreement of the members of the Irish Financial Services Regulatory Authority, and with the approval of the Minister for Finance, hereby make the following regulations:

1.     These Regulations may be cited as the Central Bank Act 1942 (Section 33K) Regulations 2005.

2.     In these Regulations --

“approval of a prospectus” shall have the meaning ascribed to it in the enactment;

“Authority” means the Irish Financial Services Regulatory Authority;

“Bank” means the Central Bank and Financial Services Authority of Ireland;

“Chief Executive” means the Chief Executive for the time being of the Authority;

“enactment” means the Prospectus (Directive 2003/71/EC) Regulations 2005 ( S.I. No. 324 of 2005 );

“fee notice” means an invoice sent by the Irish Stock Exchange Limited for and on behalf of the Authority in accordance with Regulation 5;

“Schedule” means the Schedule to these Regulations.

In these Regulations, except where the context otherwise requires:-

(a)  words and expressions that are also used in the enactment have the same meaning as in the enactment.

3.     These Regulations may be amended by the Chief Executive, with the approval of the members of the Authority, from time to time. Any such amendment shall not take effect until approved by the Minister for Finance.

4.     In accordance with the provisions of Section 33K of the Central Bank Act, 1942 , each relevant person that submits a prospectus or a base prospectus or a registration document or a securities note or a supplement to the Authority for approval in accordance with the provisions of the enactment and the Prospectus Rules, or to the Irish Stock Exchange Limited as its duly appointed delegate under the enactment, shall pay to the Authority a fee (“required fee amount”) the amount of which is specified in the Schedule opposite to the applicable category or categories of securities.

5.     The Authority may authorise the Irish Stock Exchange Limited to collect the required fee amount as specified in these Regulations, for and on behalf of the Authority, and issue to a relevant person a fee notice in writing indicating the required fee amount payable in respect of a prospectus or a base prospectus or a registration document or a securities note or a supplement submitted in accordance with Regulation 4.

6.     The Irish Stock Exchange Limited shall lodge or otherwise dispose of the fees collected for and on behalf of the Authority under these Regulations as notified and directed by the Authority.

7.     The Irish Stock Exchange Limited shall determine, for and on behalf of the Authority, the appropriate category in the Schedule that shall apply to a prospectus or a base prospectus or a registration document or a securities note or a supplement submitted in accordance with Regulation 4.

8.     The required fee amount shall be payable not later than the date set out in the fee notice issued in accordance with Regulation 5.

9.     The required fee amount shall be paid by direct bank transfer or equivalent instantaneous transfer of funds to the bank account specified by the Irish Stock Exchange Limited, or by cheque made payable to the Irish Stock Exchange Limited, or in such other manner as the Irish Stock Exchange Limited may indicate on the fee notice issued in accordance with Regulation 5.

10.   The Authority may reduce, remit or waive a required fee amount or extend the time for payment of all or part of a required fee amount as set out in a fee notice issued in accordance with Regulation 5, in exceptional circumstances, upon the request of a relevant person.

11.   Every sum payable by a relevant person under these Regulations for or on account of the Authority shall be recoverable by the Chief Executive from that relevant person as a simple contract debt in a court of competent jurisdiction.

12.   A fee notice issued in accordance with these Regulations to be served on a relevant person by the Irish Stock Exchange Limited may be served--

(a) if the person is an individual--

(i)   by delivering it to that person, or

(ii)  by sending it by post addressed to that person at the person's usual or last known place of residence or business, or

(iii) by leaving it for that person at that place,

(b)  if the person is a body corporate or an unincorporated body of persons, by sending it to the body by post to, or addressing it to and leaving it at, in the case of a company, its registered office (within the meaning of the Companies Act, 1963 ) and, in any other case, its principal place of business.

(c)  in all cases, by facsimile by transmitting it to that person's last known facsimile number evidenced by a valid sent receipt or, with the agreement of both parties, by electronic communication to an address specified by that person.

13.   The Authority may exercise any of the powers and perform any of the functions and duties imposed on the Authority by these Regulations through or by any of its officers or employees of the Bank.

SCHEDULE

In this Schedule, words and expressions that are also used in the enactment have the same meaning as in the enactment.

The following fees will apply in respect of an application for approval of a prospectus or a base prospectus or a registration document or a securities note or a supplement in accordance with Regulation 4 of these Regulations:

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations, made by the Chief Executive of the Irish Financial Services Regulatory Authority in accordance with Section 33K of the Central Bank Act, 1942 (as amended), set out the requirement of relevant persons seeking approval of a prospectus under the enactment to pay a fee to the Irish Financial Services Regulatory Authority. The Regulations also provide for the collection and recovery of the fees. The Regulations will be published from time to time by the Authority on its website and in other ways that the Chief Executive thinks appropriate.