S.I. No. 340/2012 - European Union (Short Selling) Regulations 2012. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
- ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
- ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2012 S.I. No. 340/2012 - European Union (Short Selling) Regulations 2012. S.I. No. 340/2012 - European Union (Short Selling) Regulations 2012. AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 14th September, 2012. I, MICHAEL NOONAN, Minister for Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving full effect to Regulation (EU) No. 236/2012 of the European Parliament and of the Council of 14 March 20121 , hereby make the following regulations: 1.
(1)These Regulations may be cited as the European Union (Short Selling) Regulations 2012.
(2)These Regulations come into operation on 1 November
- In these Regulations— “Bank” means Central Bank of Ireland; “Short Selling Regulation” means Regulation (EU) No. 236/2012 of the European Parliament and of the Council of 14 March
- The Bank is designated as the competent authority in the State for the purposes of the Short Selling Regulation. 4.
(1)The Bank may approve in writing persons to be authorised persons to perform the supervisory and investigative powers of the Bank under Article 33 of the Short Selling Regulation.
(2)An authorised person has the power, at all reasonable times, to enter a premises to exercise the powers referred to in Article 33
(2)of the Short Selling Regulation and to make a requirement under paragraph
(3)of that Article. 5.
(1)If a person fails to comply with a requirement of the Short Selling Regulation the Bank shall cause to be served on him or her a notice specifying the failure concerned and requiring the person to take such measures as are specified in the notice, within such period as may be specified, for the purposes of complying with the requirement.
(2)A person who fails to comply with the requirement of a notice under paragraph
(1)commits an offence and is liable— (
- a)on summary conviction, to a class A fine, or (
- b)on conviction on indictment, to a fine not exceeding €500,000. 6.
(1)A notice that is required to be served on or given to a person under these Regulations shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways: (
- a)by delivering it to the person; (
- b)by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (
- c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; (
- d)in a case in which an e-mail address for service has been furnished, to that e-mail address;
(2)For the purpose of this Regulation, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.
- Where an offence under Regulation 5 is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
- Proceedings for an offence under Regulation 5 may be brought summarily by the Bank. GIVEN under my Official Seal, 28 August
- MICHAEL NOONAN, Minister for Finance. 1 O.J. No. L 86, 24.3.2012, p.1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais