S.I. No. 208/2016 - Companies Act 2014 (Prescribed Persons) Regulations 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th April, 2016.

The IRISH AUDITING AND ACCOUNTING SUPERVISORY AUTHORITY in exercise of the powers conferred on it by section 940 (2)(e) of the Companies Act 2014 (No. 38 of 2014), hereby makes the following regulations:

1. These Regulations may be cited as the Companies Act 2014 (Prescribed Persons) Regulations 2016.

2. These Regulations come into operation on 26 April 2016.

3. Each of the following persons is prescribed for the purposes of section 940 (2)(e) of the Companies Act 2014 as a person to whom the Supervisory Authority may disclose information:

(a) the Minister for Jobs, Enterprise and Innovation;

(b) the Minister for Finance;

(c) the Minister for Public Expenditure and Reform;

(d) the Attorney General;

(e) the Garda Síochána;

(f) the Director of Public Prosecutions;

(g) the Director of Corporate Enforcement;

(h) the Revenue Commissioners;

(i) the Comptroller and Auditor General;

(j) the Central Bank of Ireland;

(k) the Irish Takeover Panel;

(l) the Irish Stock Exchange;

(m) the Pensions Authority;

(n) a prescribed accountancy body;

(o) the Charities Regulatory Authority;

(p) a member of a recognised accountancy body who is qualified for appointment as an auditor;

(q) a member firm of a prescribed accountancy body;

(r) an inspector appointed under any other enactment;

(s) any Commission of Investigation established under the Commissions of Investigation Act 2004 ; or

(t) third-country auditors, as defined in Regulation 3 of the European Communities (Statutory Audits) (Directive 2006/43/EC) Regulations 2010 ( S.I. No. 220 of 2010 ) and former third-country auditors.

4. (1) Each body specified in column (1) of the Schedule 1 opposite the mention in column (2) of the Schedule 1 of the state in which it is established, or any body which takes over the functions of such a body in the same state, is prescribed for the purposes of the following provision.

(2) That provision is section 940 (2)(e) of the Companies Act 2014 (No. 38 of 2014).

5. Each body specified in Schedule 2, or any body which takes over the functions of such a body, is prescribed for the purposes of section 940 (2)(e) of the Companies Act 2014 (No. 38 of 2014).

Schedule 1

Column 1

Column 2

Abschlussprueferaufsichtskommission

Germany

Abu Dhabi Accountability Authority

Abu Dhabi

Accountancy Board, Ministry of Finance

Malta

Accounting and Auditing Oversight Board

Greece

Accounting and Auditing Standards Monitoring Board

Sri Lanka

Accounting and Corporate Regulatory Authority

Singapore

A-TVP Securities Market Agency

Republic of Slovenia

Audit Oversight Board

Malaysia

Auditing Board of the Central Chamber of Commerce of Finland

Finland

Auditing Oversight Authority

Slovak Republic

Auditors Oversight Authority

Cayman Islands

Auditors Public Oversight Authority

Hungary

Australian Securities and Investments Commission

Australia

Austrian Auditors Supervisory Authority

Austria

Austrian Financial Market Authority

Austria

Authority of Audit and Accounting

Republic of Lithuania

Autorité des marchés financiers

France

Autoriteit Financiele Markten

Netherlands

BaFin Federal Financial Supervisory Authority

Germany

Banco De Portugal

Portugal

Bank of Lithuania

Republic of Lithuania

Banking, Finance and Insurance Commission

Belgium

Botswana Accountancy Oversight Authority

Botswana

Canadian Public Accountability Board

Canada

Capital Markets Board of Turkey

Turkey

Cayman Islands Monetary Authority

Cayman Islands

Cayman Islands Society of Professional Accountants

Cayman Islands

Central Bank of Hungary

Hungary

Central Chamber of Commerce

Finland

Certified Public Accountants and Auditing Oversight Board

Japan

Chambre de renvoi et de mise en état

Belgium

Comisión Nacional del Mercado de Valores

Spain

Comisso de Valores Mobiliários

Brazil

Comisso do Mercado de Valores Mobiliarios

Portugal

Commission de Surveillance du Secteur Financier

Luxembourg

Commission for Public Oversight of Statutory Auditors

Bulgaria

Commissione Nazionale per le Societ e la Borsa

Italy

Croatian Audit Public Oversight Committee

Croatia

Cyprus Securities and Exchange Commission

Cyprus

Czech National Bank, Czech Republic

Czech Republic

Czech Securities Commission

Czech Republic

Danish Business Authority

Denmark

Danish Commerce and Company Agency

Denmark

Deutsche Prfstelle fr Rechnungslegung

Germany

Dubai Financial Services Authority

Dubai

Dutch Central Bank

Netherlands

Egyptian Financial Supervisory Authority

Egypt

Estonian Financial Supervision Authority

Estonia

Federal Audit Oversight Authority

Switzerland

Financial and Capital Markets Commission

Latvia

Financial Conduct Authority (FCA)

United Kingdom

Financial Market Authority

Liechtenstein

Financial Markets Authority

New Zealand

Financial Reporting Council

Mauritius

Financial Reporting Council

United Kingdom

Financial Services Agency

Japan

Financial Services and Markets Authority

Belgium

Financial Services Authority

United Kingdom

Financial Services Commission

South Korea

Financial Supervision Commission

Bulgaria

Financial Supervisory Authority

Iceland

Financial Supervisory Commission

China

Financial Supervisory Service

South Korea

Finansinspektionen

Sweden

Finanssivalvonta

Finland

Finanstilsynet

Denmark

Finanstilsynet

Norway

Gibraltar Financial Services Commission

Gibraltar

Guernsey Financial Services Commission

Guernsey

Haut Conseil du Commissariat aux Comptes

France

Hellenic Capital Market Commission

Greece

Independent Regulatory Board for Auditors

South Africa

Instituto de Contabilidad y Auditoria de Cuentas

Spain

Instituto De Seguros De Portugal

Portugal

Isle of Man Financial Services Authority

Isle of Man

Jersey Financial Services Commission

Jersey

Kredittilsynet

Norway

London Stock Exchange

United Kingdom

Malta Financial Services Authority

Malta

Ministry of Finance

Slovak Republic

Ministry of Finance

Slovenia

Ministry of Finance

Republic of Lithuania

Ministry of Finance

Poland

Monitoring Committee of the Financial Reporting Council

United Kingdom

Nasdaq OMX

Sweden

Polish Financial Supervision Authority

Poland

Polish Securities and Exchange Commission

Poland

Prudential Regulation Authority (PRA)

United Kingdom

Public Audit Oversight Board

Czech Republic

Public Company Accounting Oversight Board

United States of America

Public Oversight Board of Albania

Albania

Revisorsnamnden

Sweden

Romanian National Securities Commission

Romania

Securities & Exchange Commission

United States of America

Securities and Exchange Commission

Thailand

Swedish Financial Accounting Standards Council

Sweden

The Accountant and Appraiser Supervisory Centre

Indonesia

The Takeover Panel

United Kingdom

Schedule 2

European Audit Inspection Group

European Banking Authority

European Central Bank

European Commission

European Council

European Financial Stability Facility

European Parliament

European Securities and Markets Authority

International Accounting Standards Board

International Forum of Independent Audit Regulators

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GIVEN under the seal of the Irish Auditing and Accounting Supervisory Authority,

26 April 2016.

MICHAEL KAVANAGH,

Chief Executive Officer and Director.

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FERGAL Ó BRIAIN,

Secretary.

EXPLANATORY NOTE

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

These Regulations prescribe persons to whom the Irish Auditing and Accounting Supervisory Authority may disclose information for the purposes of section 940 (2)(e) of the Companies Act 2014 .