National Asset Management Agency Act 2009 (Repealed)

Inhalt

1. Art. 1 Short title, commencement and collective citation.
2. Art. 2 Purposes of this Act.
3. Art. 3 Regulatory functions not affected.
4. Art. 4 Interpretation.
5. Art. 5 Regulations.
6. Art. 6 Expenses of Minister and NTMA.
7. Art. 7 Offences.
8. Art. 8 Establishment day.
9. Art. 9 Establishment of NAMA.
10. Art. 10 Purposes of NAMA.
11. Art. 11 Functions of NAMA.
12. Art. 12 Powers of NAMA.
13. Art. 13 Minister’s powers to issue guidelines to NAMA.
14. Art. 14 Minister’s powers of direction.
15. Art. 15 No shadow or de facto directorship.
16. Art. 16 Prevention of corruption.
17. Art. 17 Liability of NAMA, etc.
18. Art. 18 Functions of Board.
19. Art. 19 Membership of Board.
20. Art. 20 Term of office of appointed members.
21. Art. 21 Remuneration, etc., of appointed members.
22. Art. 22 How appointed members cease to hold office.
23. Art. 23 How ex-officio members cease to be Board members.
24. Art. 24 Filling of casual vacancies, etc.
25. Art. 25 Nomination and remuneration, etc., of Chairperson.
26. Art. 26 Meetings of Board.
27. Art. 27 Electronic meetings.
28. Art. 28 Resolutions by circulation of copies.
29. Art. 29 Seal of NAMA, etc.
30. Art. 30 Disclosure of interests.
31. Art. 31 Register of Board members’ interests.
32. Art. 32 Audit committee, credit committee, finance committee and risk-management committee.
33. Art. 33 Other committees.
34. Art. 34 Indemnification of members of Board and officers of NAMA, etc.
35. Art. 35 Codes of practice.
36. Art. 36 Application of certain provisions of this Chapter to directors of NAMA group entities.
37. Art. 37 Appointment of first Chief Executive Officer.
38. Art. 38 Chief Executive Officer’s functions.
39. Art. 39 Resignation of Chief Executive Officer.
40. Art. 40 Removal of Chief Executive Officer from office.
41. Art. 41 NTMA to provide resources to NAMA.
42. Art. 42 NTMA to provide staff to NAMA.
43. Art. 43 Suspension of officers of NAMA.
44. Art. 44 Power to engage service providers, etc.
45. Art. 45 Professional standards and audit.
46. Art. 46 Financing arrangements, expenses and advances from Central Fund.
47. Art. 47 Financing arrangements — Minister may issue debt securities.
48. Art. 48 Financing arrangements — NAMA, etc., may issue debt securities.
49. Art. 49 Financing arrangements — NAMA, etc., may issue subordinated debt securities.
50. Art. 50 Financing arrangements — limits on borrowings.
51. Art. 51 Application of Borrowing Powers of Certain Bodies Act 1996.
52. Art. 52 Financing arrangements — treasury services.
53. Art. 53 Annual statements.
54. Art. 54 Annual accounts.
55. Art. 55 Quarterly reports.
56. Art. 56 Other reports to Minister.
57. Art. 57 Audit of accounts by Comptroller and Auditor General.
58. Art. 58 Accountability to Committee of Public Accounts.
59. Art. 59 Appearances before another Oireachtas Committee.
60. Art. 60 Repayment to Central Fund to redeem debt.
61. Art. 61 Definition (Chapter ).
62. Art. 62 Applications for designation as participating institution.
63. Art. 63 Effect of application for designation, etc.
64. Art. 64 Information, etc., to be provided in support of application for designation.
65. Art. 65 Capacity of applicant credit institutions, etc.
66. Art. 66 Dealings by applicant credit institutions, etc., with eligible bank assets after application for designation.
67. Art. 67 Designation of participating institutions.
68. Art. 68 Obligations of participating institutions.
69. Art. 69 Eligible bank assets.
70. Art. 70 Meaning of “ associated debtor ” in this Act.
71. Art. 71 Dealings by participating institutions with eligible bank assets.
72. Art. 72 Interpretation (Part 5).
73. Art. 73 Determination of acquisition values — valuation dates, etc.
74. Art. 74 Determination of acquisition values — guidelines, etc.
75. Art. 75 Acquisition values.
76. Art. 76 Determination of long-term economic values.
77. Art. 77 Market values.
78. Art. 78 Regulations in relation to certain reports.
79. Art. 79 Regulations in relation to determination of values.
80. Art. 80 Applicant credit institutions and participating institutions to provide information about eligible bank assets.
81. Art. 81 Production of documentation, books and records for inspection.
82. Art. 82 Provision of information and explanations, etc.
83. Art. 83 Obligations to co-operate and act in good faith, etc.
84. Art. 84 Decision about acquisition of eligible bank assets.
85. Art. 85 NAMA to identify eligible bank assets for acquisition.
86. Art. 86 NAMA may specify general terms and conditions of acquisition.
87. Art. 87 NAMA to prepare acquisition schedule.
88. Art. 88 Errors or omissions in proposed acquisition schedules.
89. Art. 89 Amendment of acquisition schedule.
90. Art. 90 Effect of service of acquisition schedule.
91. Art. 91 Effect of service of acquisition schedule in relation to foreign bank assets.
92. Art. 92 Payment for bank assets.
93. Art. 93 Clawback of overpayments.
94. Art. 94 Dealings with bank assets after service of acquisition schedule until date of acquisition.
95. Art. 95 Books, records and title documents of participating institutions.
96. Art. 96 Notice to debtors, etc., of acquisition of bank assets.
97. Art. 97 NAMA to notify participating institutions of completion of acquisition process.
98. Art. 98 Dispute over acquisition value.
99. Art. 99 NAMA to have rights of creditors after acquisition of bank assets.
100. Art. 100 Exercise of certain rights of set-off.
101. Art. 101 Enforcement of certain representations, etc.
102. Art. 102 Acquisition of bank assets not to affect conditions, etc.
103. Art. 103 Acquisition of bank assets not to give rise to cause of action, etc.
104. Art. 104 NAMA to be notified of certain matters.
105. Art. 105 Acquisition of bank assets not to render NAMA liable for wrongs by participating institutions.
106. Art. 106 Rights of others not affected by acquisition of bank assets, etc.
107. Art. 107 NAMA not required to register certain instruments, etc.
108. Art. 108 NAMA, etc., may give certificates in relation to bank assets held.
109. Art. 109 NAMA, etc., may give certain directions in relation to bank assets.
110. Art. 110 Effect of acquisition of bank assets on certain other rights.
111. Art. 111 Minister’s power to modify application of section 110.
112. Art. 112 Appointment and functions of expert reviewer.
113. Art. 113 Procedure of expert reviewer.
114. Art. 114 Objections to proposed acquisition of bank assets.
115. Art. 115 Materials, etc., to be made available to expert reviewer.
116. Art. 116 Opinion of expert reviewer.
117. Art. 117 Confirmation by Minister of acquisition, etc.
118. Art. 118 Costs.
119. Art. 119 Appointment of valuation panel.
120. Art. 120 Procedure of valuation panel.
121. Art. 121 Objection to value placed on bank assets acquired from participating institution.
122. Art. 122 Dispute over total portfolio acquisition value.
123. Art. 123 Material, etc., to be made available to valuation panel.
124. Art. 124 Review by valuation panel.
125. Art. 125 Minister’s determination.
126. Art. 126 Withdrawal of dispute.
127. Art. 127 Costs of review of valuations.
128. Art. 128 Definition (Part 8).
129. Art. 129 Participating institutions to act in utmost good faith.
130. Art. 130 Breach of statutory requirements.
131. Art. 131 Servicing of acquired bank assets by participating institutions.
132. Art. 132 Other servicing arrangements.
133. Art. 133 NAMA may give directions about certain bank assets not acquired.
134. Art. 134 Additional payment on servicing of acquired bank assets.
135. Art. 135 Participating institutions to indemnify NAMA.
136. Art. 136 Participating institutions to be agent of subsidiaries, etc.
137. Art. 137 Definitions (Part 9).
138. Art. 138 Interpretation (Chapter 2).
139. Art. 139 NAMA’s powers to dispose of bank assets.
140. Art. 140 Power to discharge prior charge.
141. Art. 141 Power of entry to protect value or condition of land or buildings.
142. Art. 142 Certain instruments by NAMA to be taken to be deeds.
143. Art. 143 Overreaching for protection of purchasers.
144. Art. 144 Effect of certain assurances of land.
145. Art. 145 Certain receivers not obliged to sell property, etc.
146. Art. 146 Powers of NAMA to enforce securities, etc.
147. Art. 147 NAMA’s power to appoint statutory receivers.
148. Art. 148 Powers of statutory receivers.
149. Art. 149 Statutory receiver to be agent of chargor, etc.
150. Art. 150 Appointment of liquidator or examiner to companies whose assets are under control of statutory receiver.
151. Art. 151 Statutory receiver not obliged to sell property, etc.
152. Art. 152 Application to Court.
153. Art. 153 Vesting orders.
154. Art. 154 Prior chargee’s right to payment.
155. Art. 155 Effect of vesting order.
156. Art. 156 Title of purchaser not impeachable.
157. Art. 157 Definitions (Chapter 5).
158. Art. 158 NAMA’s powers to acquire land compulsorily.
159. Art. 159 Application to Court for acquisition order.
160. Art. 160 Initial notice of acquisition.
161. Art. 161 Maps, plans and books to be deposited.
162. Art. 162 Consideration by Court of objections.
163. Art. 163 Acquisition order.
164. Art. 164 Notice to treat.
165. Art. 165 NAMA’s power to take possession.
166. Art. 166 Determination of compensation.
167. Art. 167 Court may make compulsory transfer order.
168. Art. 168 NAMA to inform Revenue Commissioners if certain liabilities exist.
169. Art. 169 Form and effect of compulsory transfer order.
170. Art. 170 Effect of compulsory acquisition without compulsory transfer order.
171. Art. 171 Service of notices.
172. Art. 172 Limitations on certain dealings in land, etc.
173. Art. 173 Set-off of compensation.
174. Art. 174 Interpretation (Chapter 7).
175. Art. 175 Application ( Chapter 7 ).
176. Art. 176 Development of land.
177. Art. 177 NAMA to have certain contractual rights of land developers.
178. Art. 178 Designs and planning documents for land development.
179. Art. 179 Limitation of right to renewal of certain business tenancies.
180. Art. 180 Interpretation (Part 10).
181. Art. 181 Application (Chapter 2).
182. Art. 182 Damages to be only remedy for certain claims.
183. Art. 183 Application (Chapter 3).
184. Art. 184 Conduct of legal proceedings in relation to acquired bank assets.
185. Art. 185 Effect of acquisition, etc., of bank assets on legal proceedings — participating institution plaintiff, etc.
186. Art. 186 Effect of acquisition of bank assets on legal proceedings — NAMA, etc., may enforce judgment.
187. Art. 187 Effect of acquisition of bank assets on legal proceedings where participating institution not plaintiff.
188. Art. 188 Conduct of proceedings.
189. Art. 189 Costs.
190. Art. 190 Evidence — amount of debt due.
191. Art. 191 Evidence — application of Bankers’ Books Evidence Act 1879.
192. Art. 192 Limitation of power to grant injunctive relief.
193. Art. 193 Limitation of judicial review.
194. Art. 194 Limitation of certain rights of appeal to the Supreme Court.
195. Art. 195 Lites pendentes to have no effect, etc.
196. Art. 196 Definition (Part 11).
197. Art. 197 Deemed consent to disclosure of information.
198. Art. 198 Duty of confidentiality, etc., not contravened by provision of information or production of documents and books for inspection.
199. Art. 199 Duty of confidentiality, etc., not contravened by provision of information to, or production of documents and books for inspection by, potential purchasers.
200. Art. 200 Obligation to provide information, etc., to NAMA, etc., extends to provision to advisers.
201. Art. 201 Operation of Data Protection Acts 1988 and 2003.
202. Art. 202 Disclosure of confidential information.
203. Art. 203 Obligation to pass certain information to law-enforcement authorities.
204. Art. 204 Provision of information to Revenue Commissioners.
205. Art. 205 Disclosure by regulatory authorities.
206. Art. 206 Directions in relation to conduct of participating institutions.
207. Art. 207 Reporting by participating institutions.
208. Art. 208 Restructuring plans.
209. Art. 209 Compliance with directions.
210. Art. 210 Guidelines regarding lending practices.
211. Art. 211 Avoidance of certain transactions.
212. Art. 212 Provision of tax information to NAMA.
213. Art. 213 NAMA, etc., not to make payments in certain circumstances.
214. Art. 214 NAMA exempt from certain taxes.
215. Art. 215 Disapplication of certain provisions of Competition Act 2002 and Credit Institutions (Financial Support) Act 2008.
216. Art. 216 NAMA, etc., not to be taken to be carrying on banking business, etc.
217. Art. 217 Application of laws in relation to netting agreements, etc.
218. Art. 218 Certain bank assets not invalidated.
219. Art. 219 Nothing done under Act to be reorganisation or winding-up measure.
220. Art. 220 Operation of certain provisions of Land Registration Rules 1972 to 2008.
221. Art. 221 Offence of lobbying NAMA, etc.
222. Art. 222 Protection from civil liability of persons who report certain misconduct.
223. Art. 223 Prohibition on penalisation.
224. Art. 224 False statements.
225. Art. 225 Surcharge on participating institutions.
226. Art. 226 Triennial review of NAMA’s progress.
227. Art. 227 Review of achievement of NAMA’s purposes.
228. Art. 228 Operation of certain provisions of Companies Act 1963.
229. Art. 229 Operation of certain provisions of Companies (Amendment) Act 1983.
230. Art. 230 Disapplication of section 7 of Official Languages Act 2003.
231. Art. 231 Amendment of Building Societies Act 1989.
232. Art. 232 Amendment of Central Bank Act 1942.
233. Art. 233 Amendment of Companies Act 1963.
234. Art. 234 Amendment of Companies (Amendment) Act 1990.
235. Art. 235 Amendment of Finance Act 1970.
236. Art. 236 Amendment of Landlord and Tenant (Amendment) Act 1980.
237. Art. 237 Amendment of National Treasury Management Agency Act 1990.
238. Art. 238 Amendment of Planning and Development Act 2000.
239. Art. 239 Amendment of Stamp Duties Consolidation Act 1999.
240. Art. 240 Amendment of Taxes Consolidation Act 1997.
241. Art. 241 Amendment of Value-Added Tax Act 1972.