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European Bank For Reconstruction and Development Act, 1991

Idir an dá linn

Is é cuspóir an dlí seo téarmaí an Chomhaontaithe a cheadú lena mbunaítear an Banc Eorpach Athfhoirgníochta agus Forbartha, a síníodh i bPáras ar an 29 Bealtaine 1990, agus foráil a dhéanamh do nithe gaolmhara, lena n-áirítear íocaíochtaí.

Cad a rialaíonn sé

  • Ceadú théarmaí an Chomhaontaithe lena mbunaítear an Banc Eorpach Athfhoirgníochta agus Forbartha.
  • Foráil a dhéanamh d'íocaíochtaí as an bPríomh-Chiste i leith suibscríbhinní don Bhanc.
  • Cumhachtú an Aire nótaí neamh-úsmhara agus neamh-inaistrithe nó oibleagáidí eile a chruthú agus a eisiúint don Bhanc.
  • Foráil a dhéanamh maidir le cistí a fhaightear ón mBanc a chur chun sochair Chuntas an Státchiste.

Cé a mbaineann sé leis

  • An Stát (Éire) mar bhall den Bhanc Eorpach Athfhoirgníochta agus Forbartha.
  • An tAire Airgeadais agus Banc Ceannais na hÉireann maidir le cúrsaí airgeadais.

Príomhphointí

  • Ceadaítear téarmaí an Chomhaontaithe lena mbunaítear an Banc Eorpach Athfhoirgníochta agus Forbartha.
  • Déanfar íocaíochtaí i leith suibscríbhinní don Bhanc as an bPríomh-Chiste.
  • Féadfaidh an tAire nótaí neamh-úsmhara agus neamh-inaistrithe nó oibleagáidí eile a eisiúint don Bhanc.
  • Gníomhóidh Banc Ceannais na hÉireann mar thaisclann do shealúchais airgeadra an Stáit agus sócmhainní eile an Bhainc.
Legal text
Legal text

Act, 1991 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 a

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of this Agreement, if he or she is elected during the period in which the first Board of Directors shall hold office. Section B — Election of Directors by Governors representing other countries. Section B (

  1. i)— Election of Directors by Governors representing those countries listed in Annex A as Central and Eastern European Countries (recipient countries) (hereinafter referred to as Section B (
  2. i)Governors). 1. The provisions set out below in this Section shall apply exclusively to this Section. 2. Candidates for the office of Director shall be nominated by Section B (
  3. i)Governors, provided that a Governor may nominate only one person. The election of Directors shall be by ballot of Section B (
  4. i)Governors. 3. Each Governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs 1 and 2 of Article 29 of this Agreement. 4. Subject to paragraph 10 of this Section, the 4 persons receiving the highest number of votes shall be Directors, except that no person who receives less than 12 per cent of the total of the votes which can be cast (eligible votes) in Section B (
  5. i)shall be considered elected. 5. Subject to paragraph 10 of this Section, if 4 persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than 4 candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only: (
  6. a)those Governors who voted in the first ballot for a person not elected and (
  7. b)those Governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 13 per cent of the eligible votes. 6. In determining whether the votes cast by a Governor are deemed to have raised the total votes cast for any person above 13 per cent of the eligible votes, the 13 per cent shall be deemed to include, first, the votes of the Governor casting the largest number of votes for such person, then the votes of the Governor casting the next largest number and so on, until 13 per cent is reached. 7. Any Governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 12 per cent shall be considered as casting all of his or her votes for such person, even if the total votes for such person thereby exceed 13 per cent and shall not be eligible to vote in a further ballot. 8. Subject to paragraph 10 of this Section, if, after the second ballot, 4 persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until 4 persons have been elected, provided that, if at any stage 3 persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the 4th may be elected by a simple majority of the remaining votes cast. 9. In the case of an increase or decrease in the number of Directors to be elected by Section B (
  8. i)Governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors. 10. So long as any Signatory, or group of Signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 2.8 per cent, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one Director in respect of each such Signatory or group of Signatories. The Governor or Governors representing such a Signatory or group of Signatories shall elect a Director in respect of each Signatory or group of Signatories, immediately after the Signatory becomes a member or the group of Signatories become members. Such Director shall be deemed to have been elected by the Board of Governors at its inaugural meeting,

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of this Agreement, if he or she is elected during the period in which the first Board of Directors shall hold office. Section B (

  1. ii)— Election of Directors by Governors representing those countries listed in Annex A as other European countries (hereinafter referred to as Section B (
  2. ii)Governors). 1. The provisions set out below in this section shall apply exclusively to this Section. 2. Candidates for the office of Director shall be nominated by Section B (
  3. ii)Governors, provided that a Governor may nominate only one person. The election of Directors shall be by ballot of Section B (
  4. ii)Governors. 3. Each Governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraph 1 and 2 of Article 29 of this Agreement. 4. Subject to paragraph 10 of this section, the 4 persons receiving the highest number of votes shall be Directors, except that no person who receives less than 20.5 per cent of the votes which can be cast (eligible votes) in Section B (
  5. ii)shall be considered elected. 5. Subject to paragraph 10 of this Section, if 4 persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than 4 candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only: (
  6. a)those Governors who voted in the first ballot for a person not elected and (
  7. b)those Governors whose vote for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 21.5 per cent of the eligible votes. 6. In determining whether the votes cast by a Governor are deemed to have raised the total votes cast for any person above 21.5 per cent of the eligible votes, the 21.5 per cent shall be deemed to include, first, the votes of the Governor casting the largest number of votes for such person, then the votes of the Governor casting the next largest number and so on, until 21.5 per cent is reached. 7. Any Governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 20.5 per cent shall be considered as casting all of his or her votes for such person, even if the total votes for such person thereby exceed 21.5 per cent and shall not be eligible to vote in a further ballot. 8. Subject to paragraph 10 of this Section, if, after the second ballot, 4 persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until 4 persons have been elected, provided that, if at any stage 3 persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the fourth may be elected by a simple majority of the remaining votes cast. 9. In the case of an increase or decrease in the number of Directors to be elected by Section B (
  8. ii)Governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors. 10. So long as any Signatory, or group of Signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 2.8 per cent, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one Director in respect of each such Signatory or group of Signatories. The Governor or Governors representing such a Signatory or group of Signatories shall elect a Director in respect of each Signatory or group of Signatories, immediately after the Signatory becomes a member or the group of Signatories become members. Such Director shall be deemed to have been elected by the Board of Governors at its inaugural meeting,

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of this Agreement, if he or she is elected during the period in which the first Board of Directors shall hold office. Section B (iii) — Election of Directors by Governors representing those countries listed in Annex A as Non-European Countries (hereinafter referred to as Section B (iii) Governors). 1. The provisions set out below in this Section shall apply exclusively to this Section. 2. Candidates for the office of Director shall be nominated by Section B (iii) Governors, provided that a Governor may nominate only one person. The election of Directors shall be by ballot of Section B (iii) Governors. 3. Each Governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs 1 and 2 of Article 29 of this Agreement. 4. Subject to paragraph 10 of this Section, the 4 persons receiving the highest number of votes shall be Directors, except that no person who receives less than 8 per cent of the total of the votes which can be cast (eligible votes) in Section B (iii) shall be considered elected. 5. Subject to paragraph 10 of this Section, if 4 persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than 4 candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only: (

  1. a)those Governors who voted in the first ballot for a person not elected and (
  2. b)those Governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 9 per cent of the eligible votes. 6. In determining whether the votes cast by a Governor are deemed to have raised the total votes cast for any person above 9 per cent of the eligible votes, the 9 per cent shall be deemed to include, first, the votes of the Governor casting the largest number of votes for such person, then the votes of the Governor casting the next largest number and so on, until 9 per cent is reached. 7. Any Governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 8 per cent shall be considered as casting all of his or her votes for such person, even if the total votes for such person thereby exceed 9 per cent and shall not be eligible to vote in a further ballot. 8. Subject to paragraph 10 of this Section, if, after the second ballot, 4 persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until 4 persons have been elected, provided that, if at any stage 3 persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the 4th may be elected by a simple majority of the remaining votes cast. 9. In the case of an increase or decrease in the number of Directors to be elected by Section B (iii) Governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors. 10. So long as any Signatory, or group of Signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 5 per cent, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one Director in respect of each such Signatory or group of Signatories. The Governor or Governors representing such a Signatory or group of Signatories shall elect a Director in respect of each Signatory or group of Signatories, immediately after the Signatory becomes a member or the group of Signatories become members. Such Director shall be deemed to have been elected by the Board of Governors at its inaugural meeting,

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of this Agreement, if he or she is elected during the period in which the first Board of Directors shall hold office. SECTION C — Arrangements for the Election of Directors Representing Countries not Listed in Annex A. If the Board of Governors decides,

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of this Agreement, to increase or decrease the size, or revise the composition, of the Board of Directors, in order to take into account changes in the number of members of the Bank, the Board of Governors shall first consider whether any amendments are required to this Annex, and may make any such amendments as it deems necessary as part of such decision. SECTION D — Assignment of Votes. Any Governor who does not participate in voting for the election or whose vote does not contribute to the election of a Director under Section A or Section B (

  1. i)or Section B (
  2. ii)or Section B (iii) of this Annex may assign the votes to which he or she is entitled to an elected Director, provided that such Governor shall first have obtained the agreement of all those Governors who have elected that Director to such assignment. A decision by any Governor not to participate in voting for the election of a Director shall not affect the calculation of the eligible votes to be made under Section A, Section B (i), Section B (
  3. ii)or Section B (iii) of this Annex. REQUEST MADE UNDER PARAGRAPH 4 (
  4. i)OF ARTICLE 8 OF THIS AGREEMENT To the Chairman of the Conference on the Establishment of the European Bank for Reconstruction and Development. M. Chairman, As you know, the initiative of the President of France M. F. Mitterrand to establish the European Bank for Reconstruction and Development for the purpose of facilitating the transition of Central and Eastern European countries towards market-oriented economies has found understanding and support on behalf of the Soviet authorities. The Soviet delegation participated in the sessions of talks on drafting the constituent documents of the Bank. As a result the constituent countries have reached considerable progress in drawing up the Agreement establishing the European Bank for Reconstruction and Development. At the same time, certain difficulties largely stem from fears of a number of countries that due to the size of its economy the Soviet Union may become the principal recipient of credits of the Bank and therefore will narrow its capacity to extend aid to other Central and Eastern European countries. In this connexion I would like to assure you, dear Mr. Chairman, that the intentions of the Soviet Union to become an equal member of the Bank account primarily for its will to establish a new institution of multinational co-operation so as to foster historical reforms on the European continent. I would like to inform you that my government is prepared to limit its access to the Bank's resources, pursuant to paragraph 4 of Article 8 of the Articles of Agreement of the Bank, for a period of three years starting from the entry into force of the Articles of Agreement of the Bank. During that period, the Soviet Union wishes that the Bank will provide technical assistance and other types of assistance directed to finance its private sector, to facilitate the transition of state-owned enterprises to private sector ownership and control and to help enterprises operating competitively and moving to participation in the market-oriented economy, subject to the proportion set forth in paragraph 3 of Article 11 of this Agreement. The total amount of any assistance thus provided by the Bank would not exceed the total amount of the cash disbursed and the promissory notes issued by the Soviet Union for its shares. I am confident, that continuing economic reforms in the Soviet Union will inevitably promote the expansion of the Bank's activities into the territory of the Soviet Union. However, the USSR, being interested in securing the multilateral character of the Bank, will not choose that at any time in future the Soviet borrowings will exceed an amount consistent with maintaining the necessary diversity in the Bank's operations and prudent limits on its exposure. Please accept, Mr. Chairman, the assurances of my highest consideration. Head of Soviet Delegation Chairman of the Board of the State Bank of the USSR Victor V. GERASHCHENKO 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

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