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AI Summary of 108A. Obligation for certain designated persons to register with Central Bank of Ireland.
A person who is a designated person pursuant to paragraph (a) of the definition of 'financial institution' in section 24(1) and section 25(1)(b) must register with the Bank. Subsection (2) exempts a designated person authorised or licensed to carry on its activities by, or registered with, the Bank under (a) an Act of the Oireachtas (other than this Act), (b) a statute that was in force in Saorstát Éireann immediately before the Constitution and continues under Article 50, or (c) an instrument made under such enactments. Failure to register is an offence: on summary conviction a class A fine or imprisonment up to 12 months (or both); on conviction on indictment a fine or imprisonment up to 5 years (or both).
The Bank shall establish and maintain a Register of persons that register. The Register must record each designated person’s name, the addresses of its head office and registered office, and the activities it carries out that fall within paragraph (a) of the definition of financial institution in section 24(1). The Bank may specify a procedure for registration; the Register may be in book, electronic or other form and may be maintained in non-written form only if it is capable of reproduction in written form. Particulars relating to a person designated under section 25(1)(b) and paragraph (a) may be removed where that person ceases to be so designated or becomes authorised, licensed or registered as described. In this section ‘Bank’ means the Central Bank of Ireland.
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108A. Obligation for certain designated persons to register with Central Bank of Ireland.
(1) Subject to subsection (2), a person who is a designated person pursuant to paragraph (a) of the definition of 'financial institution' in section 24(1) and section 25(1)(b) shall register with the Bank.
(2) Subsection (1) shall not apply to a designated person that is authorised or licensed to carry on its activities by, or is registered with, the Bank under -
(a) an Act of the Oireachtas (other than this Act),
(b) a statute that was in force in SaorstátÉireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or
(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b).
(3) A designated person who is required to register under this section commits an offence if the person fails to do so and is liable -
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months (or both), or
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years (or both).