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ICC Bank Act, 1992
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ICC Bank Act, 1992
ICC Bank Act, 1992
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Number 21 of 1992
ICC BANK ACT, 1992
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
2.
ICC Bank p.l.c.
3.
Supervision of Company by Central Bank.
4.
Objects of Company.
5.
Increase in borrowing powers of Company.
6.
Alteration of memorandum and articles of association of Company.
7.
Amendment of section 9 of Bankers' Books Evidence Act, 1879, and of section 2 of Bills of Exchange Act, 1882
8.
Short title, collective citation and construction.
Acts Referred to
ACC Bank Act, 1992
1992, No. 6
Bankers' Books Evidence Act, 1879
42 & 43 Vict., c. 11
Bankers' Books Evidence (Amendment) Act, 1959
1959, No. 21
Bills of Exchange Act, 1882
45 & 46 Vict., c. 61
Building Societies Act, 1989
1989, No. 17
Central Bank Act, 1971
1971, No. 24
Central Bank Act, 1989
1989, No. 16
Central Bank Acts, 1942 to 1989
Companies Acts, 1963 to 1990
Industrial Credit Act, 1933
1933, No. 25
Industrial Credit (Amendment) Act, 1971
1971, No. 9
Industrial Credit (Amendment) Act, 1990
1990, No. 15
Number 21 of 1992
ICC BANK ACT, 1992
AN ACT TO AMEND AND EXTEND THE INDUSTRIAL CREDIT ACTS, 1933 TO 1990, AND FOR THOSE PURPOSES TO AMEND
SECTION 9
OF THE
BANKERS' BOOKS EVIDENCE ACT, 1879
, AND
SECTION 2
OF THE
BILLS OF EXCHANGE ACT, 1882
, AND TO PROVIDE FOR CONNECTED MATTERS. [23rd July, 1992]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.—In this Act—
“the Act of 1971” means the
Industrial Credit (Amendment) Act, 1971
;
“the Central Bank” means the Central Bank of Ireland;
“the Company” means ICC Bank public limited company;
“the Principal Act” means the
Industrial Credit Act, 1933
.
ICC Bank p.l.c.
2.—(1) The Industrial Credit Corporation public limited company (re-registered as a public limited company under the Companies Acts, 1963 to 1990, by a certificate of incorporation dated the 21st day of November, 1984) shall, upon the passing of this Act, be known as ICC Bank public limited company.
(2) References in any Act or any instrument made under any Act to the Industrial Credit Corporation public limited company or to the Industrial Credit Company, Limited shall be construed as references to ICC Bank public limited company.
Supervision of Company by Central Bank.
3.—(1) Notwithstanding
section 7
(4) (inserted by
section 30
of the
Central Bank Act, 1989
) of the
Central Bank Act, 1971
, the Minister, after consultation with the Central Bank, for the purpose of enabling the Central Bank to exercise supervision of the Company under the Central Bank Acts, 1942 to 1989, may by regulations apply to the Company all or any of the supervisory provisions of Part II of the
Central Bank Act, 1971
, or Chapters I to VI of Part II of the
Central Bank Act, 1989
, with such modifications or adaptations as he considers necessary.
(2) Every regulation made under this section shall be laid beforeeach House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Objects of Company.
4.—Paragraph 2 of the Schedule to the Principal Act, is hereby amended by the substitution for subparagraph (c) (inserted by section 3 of the Act of 1971) of the following subparagraph:
“(c) that the principal objects of the Company shall include—
(i) (I) lending and advancing money,
(II) acquiring, underwriting, holding, selling and otherwise dealing with, shares, stocks, debentures, debenture stocks and other securities of any body corporate,
(III) drawing, accepting, endorsing, discounting, purchasing and otherwise dealing with, bills of exchange, promissory notes and other negotiable instruments,
(IV) providing such other banking, financial or credit services and engaging in such banking or financial transactions as it thinks proper (including giving guarantees to any person in relation to the payment of money, and of interest on the money, or the repayment of money paid by that person on foot of loans, advances or other credit facilities granted by that person and the payment of interest on such money),
(V) engaging in the provision of hire-purchase and leasing facilities and for that purpose acquiring, disposing of and otherwise dealing with the subject of such facilities, and
(VI) arranging for the provision of credit facilities for any person by any other person (and acting as agent for any person in relation to the payment and collection and receipt of money in respect of such facilities),
subject to such conditions or limitations on amounts—
(A) as the Minister, after consultation with the Central Bank, may from time to time determine, and
(B) upon the commencement of regulations made under
section 3
of the ICC Bank Act, 1992, as the Central Bank, after consultation with the Minister, may from time to time determine, and
(ii) the receipt, on such terms and subject to such conditions as the Company thinks proper, of deposits of money (including money in a currency other than the currency of the State) from any source and the receipt of deposits of securities for safe keeping and management and, so far as may be lawful, the execution of trusts in relation to the securities.”.
Increase in borrowing powers of Company.
5.—Paragraph 4 of the Schedule to the Principal Act is hereby amended by the substitution in clause (i) of subparagraph (d) (inserted by section 5 of the Act of 1971) of “£1,300,000,000” for “£1,000,000,000” (inserted by
section 1
of the
Industrial Credit (Amendment) Act, 1990
) and the said clause, as so amended, is set out in the Table to this section.
TABLE
(i) the amount so raised or borrowed and standing unpaid at any particular time shall not exceed £1,300,000,000 less the amount (if any) which the Minister has, under a guarantee or guarantees given by him, paid in respect of the principal of monies raised or borrowed by the Company and which stands at that time not repaid to the Minister by the Company.
Alteration of memorandum and articles of association of Company.
6.—The Company shall take such steps as may be necessary under the Companies Acts, 1963 to 1990, to alter its memorandum and articles of association to make them consistent with the ICC Bank Acts, 1933 to 1992.
Amendment of section 9 of Bankers' Books Evidence Act, 1879, and of section 2 of Bills of Exchange Act, 1882.
7.—(1) Section 9 (1) (inserted by the
Bankers' Books Evidence (Amendment) Act, 1959
) of the
Bankers' Books Evidence Act, 1879
, is hereby amended by the insertion after paragraph (f) (inserted by
section 10
of the
ACC Bank Act, 1992
) of the following paragraph:
“(g) ICC Bank public limited company.”.
(2)
Section 2
of the
Bills of Exchange Act, 1882
, is hereby amended by the substitution for the definition of “ Banker” (inserted by
section 11
of the
ACC Bank Act, 1992
) of the following definition:
“‘Banker’ includes—
(a) a body of persons whether incorporated or not who carry on the business of banking,
(b) a building society (within the meaning of the
Building Societies Act, 1989
),
(c) ACC Bank public limited company, and
(d) ICC Bank public limited company.”.
Short title, collective citation and construction.
8.—(1) This Act may be cited as the ICC Bank Act, 1992.
(2) The Industrial Credit Acts, 1933 to 1990, and this Act (other than
section 7
) may be cited together as the ICC Bank Acts, 1933 to 1992, and shall be construed together as one Act.
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