Markets in Financial Instruments Act 2018
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Regulations concerning markets in financial instruments: provision of indictable offences | ||
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5. (1) In this section— | ||
“relevant offence” means an offence under Regulation 119(8) or (9) of the relevant Regulations where the contravention concerned is— | ||
(a) a contravention consisting of providing an investment service or performing an investment activity without the required authorisation in accordance with Regulation 5 of those Regulations, | ||
(b) a contravention of any provision of those Regulations specified in the Table to this section, or | ||
(c) a contravention consisting of a failure to comply with a requirement made, pursuant to Regulation 95(2) of those Regulations, by an authorised officer within the meaning of those Regulations; | ||
“relevant Regulations” means the European Union (Markets in Financial Instruments) Regulations 2017 ( S.I. No. 375 of 2017 ). | ||
(2) A person who is guilty of a relevant offence shall be liable, on conviction on indictment, to a fine not exceeding €10,000,000 or imprisonment for a term not exceeding 10 years or both. | ||
(3) Subsection (2) is without prejudice to any penalties provided by the relevant Regulations in respect of a summary conviction for the relevant offence. | ||
Table | ||
Regulation 16 | ||
Regulation 20(1), (2), (7) or (8) | ||
Regulation 23(1)(k), (l) or (m) | ||
Regulation 23(11) | ||
Regulation 24(11) | ||
Regulation 28(1) | ||
Regulation 30 | ||
Regulation 31 | ||
Regulation 35 | ||
Regulation 36 | ||
Regulation 37(8) | ||
Regulation 59 | ||
Regulation 70(a), (d), (e) or (f) |