Investor Compensation Act, 1998
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Insertion of new section in Act of 1994. |
46.—The Act of 1994 is hereby amended by the insertion of the following section after section 30: | |
“30A.—(1) Where it appears to the Society, after consultation with the Minister, that it is necessary to do so for the purpose of ensuring the fair and reasonable implementation in the public interest of the provisions of section 26 of the Act of 1994 and the provisions of sections 21 and 22 (as substituted by the Act of 1994) of the Act of 1960 (or regulations made by the Society relating thereto), the Society may make regulations, with the consent of the Minister, providing that a solicitor who— | ||
(a) is an authorised investment business firm, or | ||
(b) is, or who holds himself out as being, an insurance intermediary, | ||
shall, as a condition of being issued with a practising certificate, effect and maintain, in respect of— | ||
(i) the provision of investment business services as an authorised investment business firm, or | ||
(ii) activities as an insurance intermediary, | ||
such form or forms of indemnity against losses suffered by a client in consequence of the default, howsoever arising, of the solicitor or any employee, agent or independent contractor of the solicitor as shall be equivalent to the indemnity that would be provided to a client of a solicitor in the provision of legal services by means of the Compensation Fund or by means of the indemnity cover maintained pursuant to section 26 of this Act (or regulations made by the Society relating thereto). | ||
(2) The Society shall not amend regulations made pursuant to subsection (1) of this section without the consent of the Minister. | ||
(3) The Minister may— | ||
(a) direct the Society to make regulations under subsection (1) of this section or to amend regulations made under subsection (1) or (2) of this section; | ||
(b) by regulations vary upwards the maximum amount of indemnity against losses specified in regulations made by the Society pursuant to subsection (1) or (2) of this section having regard to changes in the value of money generally in the State since the said maximum amount was first specified. | ||
(4) In this section, ‘insurance intermediary’ has the meaning assigned to it in section 2 of the Investor Compensation Act, 1998.”. |