S.I. No. 335/2009 - Investment Funds, Companies and Miscellaneous Provisions Act 2005 (Commencement) Order 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th August, 2009.

I, BILLY KELLEHER, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 2 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005 (No. 12 of 2005) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 3) Order 2009 ( S.I. No. 248 of 2009 ), hereby order as follows:

1. This Order may be cited as the Investment Funds, Companies and Miscellaneous Provisions Act 2005 (Commencement) Order 2009.

2. The 23rd day of August 2009 is appointed as the day upon which section 69 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005 (No. 12 of 2005) comes into operation.

GIVEN under my hand,

23 August 2009.

BILLY KELLEHER,

Minister of State at the Department of Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

This Order specifies the date on which section 69 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005 comes into operation.

Section 69 designates the Irish Auditing and Accounting Supervisory Authority (IAASA) as a competent authority under section 21 (3) of the Companies Act 1990 , which deals with the security of information obtained during statutory investigations undertaken by the Office of the Director of Corporate Enforcement (ODCE).

By being designated as a competent authority, IAASA will be able to receive confidential information arising from the exercise by the ODCE of its statutory investigative powers.