| |
Notice of the making of this Statutory Instrument was published in
|
| |
“Iris Oifigiúil” of 18th September, 2012.
|
| |
In exercise of the powers conferred on it by section 32D of the
Central Bank Act 1942
(as inserted by the
Central Bank Reform Act 2010
) the Central Bank Commission hereby makes the following regulations which will be effective upon approval of the Minister for Finance:
|
| |
1. These Regulations may be cited as the Central Bank Act 1942 (Section 32D) Regulations 2012.
|
| |
2. In these Regulations:
|
| |
“the Principal Act” is the
Central Bank Act 1942
|
| |
“due date” is
|
| |
(a) the date specified in a levy notice (which will not be less than 28 days from the date of issue of a levy notice),
|
| |
(b) the date referred to in Regulation 10, or
|
| |
(c) a date otherwise referred to in these Regulations as being a due date for payment of a levy contribution and/or a supplementary levy contribution or part thereof;
|
| |
“levy contribution” is the amount determined as being due and owing which is calculated in accordance with the Schedule hereto;
|
| |
“supplementary levy contribution” is any supplementary levy determined as being due and owing, in addition to the levy contribution, in accordance with the Schedule hereto;
|
| |
“levy notice” means each notice specifying a levy contribution and/or supplementary levy contribution sent by the Bank to a regulated entity in accordance with these Regulations;
|
| |
“levy period” means the period prescribed in the Schedule hereto in respect of which regulated entities are obliged to pay a levy contribution and where applicable a supplementary levy contribution;
|
| |
“subsequent levy period” means the period from 1 January 2013 to 31 December 2013 inclusive;
|
| |
“regulated entities” means persons who are subject to regulation under the designated enactments and designated statutory instruments (including financial service providers whose business is subject to regulation by an Authority that performs functions in an EEA country that are comparable to the functions performed by the Bank under a designated enactment or designated statutory instrument) and also includes former regulated entities who were regulated for part of the levy period and “regulated entity” shall be construed accordingly.
|
| |
3. (a) Subject to (b) and to Regulations 4 and 5, all persons who are, or have been, regulated entities during the levy period, shall, on or before the due date, pay the levy contribution, and supplementary levy contribution (if applicable), to the Bank.
|
| |
(b) Where a regulated entity has been subject to regulation by the Bank for part of the levy period only, then:-
|
| |
(i) the levy contribution shall be calculated by reference to the number of days of the levy period the entity was regulated; and
|
| |
(ii) any supplementary levy contribution shall be applied on the basis set out in the Schedule.
|
| |
4. Where a regulated entity ceases to be subject to regulation during the subsequent levy period and, other than this Regulation 4, Regulations have not been made under Section 32D of the Principal Act in respect of the subsequent levy period, then the Schedule shall apply with respect to that entity and the Bank shall issue a levy notice to such entity and:-
|
| |
(i) the levy contribution shall be calculated by reference to the number of days of the subsequent levy period such entity was regulated; and
|
| |
(ii) any supplementary levy contribution shall be applied on the basis set out in the Schedule.
|
| |
5. Where a regulated entity becomes subject to regulation by the Bank for the first time during the levy period, it shall not be required to pay a levy contribution or supplementary levy contribution unless specified in the Schedule.
|
| |
6. The Bank shall determine the appropriate category or categories in the Schedule that shall apply to a regulated entity.
|
| |
7. Where in the reasonable opinion of the Bank the obligation of a regulated entity to pay a levy contribution or supplementary levy contribution would be likely to make that regulated entity insolvent, or, where the regulated entity is a sole trader, bankrupt, the Bank may waive the obligation of that regulated entity under these Regulations to pay a levy contribution or a supplementary levy contribution.
|
| |
8. A regulated entity is required to pay the levy contribution prescribed in the Schedule hereto whether or not a levy notice has been issued by the Bank under Regulation 9.
|
| |
9. Subject to Regulation 11, the Bank may send to a regulated entity a levy notice specifying:-
|
| |
(a) the levy contribution assessed by the Bank to be payable by that regulated entity for the levy period, and
|
| |
(b) the due date for payment of the levy contribution.
|
| |
10. If no levy notice is received by a regulated entity setting out the levy contribution for such entity by 12th October 2012 then the 9th November 2012 shall be the due date for the payment of the levy contribution by such regulated entity in accordance with these Regulations.
|
| |
11. Without prejudice to whether a levy notice issues setting out a levy contribution, where a supplementary levy contribution applies, a levy notice specifying the supplementary levy contribution will issue to a regulated entity.
|
| |
12. (a) Without prejudice to the powers of the Bank under these Regulations, the Bank may at any time require a regulated entity to submit an assessment in writing and containing such information as the Bank may specify for the purposes of calculating the levy contribution to be paid by that regulated entity for the levy period or subsequent levy period or another period preceding the levy period.
|
| |
(b) An assessment must be made within such period, not less than 7 days, as the Bank may specify in writing.
|
| |
13. The levy contribution, supplementary levy contribution (if applicable) and any interest accrued in accordance with Regulation 15 shall be paid by a regulated entity by cheque, direct bank transfer or equivalent electronic transfer of funds to a bank account specified by the Bank, or as is otherwise specified by the Bank.
|
| |
14. (a) A regulated entity or former regulated entity may, no later than 21 days following a due date, submit an appeal under this Regulation in respect of the levy contribution and/or supplementary levy contribution payable by such entity.
|
| |
(b) An appeal must set out in writing the grounds of the appeal and should include, in particular, all supporting documentation or representations.
|
| |
(c) Payment or a receipt evidencing payment of that portion of the levy contribution or supplementary levy contribution that is not under appeal must be submitted with an appeal under this Regulation.
|
| |
(d) The Bank shall advise the regulated entity or former regulated entity concerned in writing of its determination of the appeal and details of any amount outstanding in respect of the disputed amount of levy contribution and/or supplementary levy contribution and the due date applicable for the payment of any outstanding levy contribution and/or supplementary levy contribution.
|
| |
15. Without prejudice to any other remedy available to the Bank, where a required levy contribution or supplementary levy contribution has not been received by the due date, interest shall accrue thereon in accordance with the provisions of the European Communities (Late Payment in Commercial Transactions) Regulations 2002 (
S.I. No. 388 of 2002
) or any amending or replacing legislation.
|
| |
16. Every sum payable by a regulated entity under these Regulations, including interest, for or on account of the Bank shall be recoverable by the Bank from that person as a simple contract debt in a court of competent jurisdiction.
|
| |
17. (a) Each regulated entity shall keep full and true records of all transactions which affect their liability under these Regulations and any related returns made.
|
| |
(b) A record kept by a person pursuant to paragraph (a) and, in the case of any such record that has been given by the person to another person, any copy thereof that is in the power or control of the first-mentioned person shall be retained by that person for a period of 6 years from the date of the last transaction to which the record relates, provided that this Regulation shall not apply to records of a company that have been disposed of in accordance with section 305(1) of the
Companies Act 1963
.
|
| |
(c) No person shall, in purported compliance with a provision of these Regulations, provide an answer or explanation, make a statement or produce or deliver any return, certificate, balance sheet or other document which is false in a material particular.
|
| |
(d) A regulated entity that-
|
| |
(i) fails to comply with any requirement under these Regulations to make an assessment; or
|
| |
(ii) otherwise fails to comply with a provision of these Regulations thereby preventing a full and proper assessment of their liability under these Regulations, may be assessed by the Bank in accordance with Category L of the Schedule hereto to determine a levy contribution or otherwise assessed in accordance with these Regulations, and the Bank may issue a levy notice to such a regulated entity, or former regulated entity, without prejudice to other actions which might be determined necessary or appropriate by the Bank in such circumstances.
|
| |
18. A levy notice, or other notice or document, required or authorised to be served by the Bank under these Regulations may be served-
|
| |
(a) in the case of a natural person-
|
| |
(i) by delivering the notice or other document to the person personally, or
|
| |
(ii) by leaving the notice or other document at, or by sending it by prepaid post to, the person’s residential or business address last known to the Bank, or
|
| |
(b) in the case of a body corporate-
|
| |
(i) by leaving the notice or other document at, or
|
| |
(ii) by sending it by prepaid post to, the head office, a registered office or a principal office of the body corporate or, where the body corporate has its head office, registered office or principal office outside the State and has a branch in the State, its branch in the State (or where it has more than one branch in the State, its principal branch in the State), or
|
| |
(c) in the case of a partnership-
|
| |
(i) by delivering the notice or other document to one of the partners personally, or
|
| |
(ii) by leaving the notice or other document at, or by sending it by prepaid post to, the head office or principal office of the partnership or, where the partnership has its head office or principal office outside the State and has a branch in the State, its branch in the State (or where it has more than one branch in the State, its principal branch in the State).
|
| |
19. The Bank may exercise any of the powers and perform any of the functions and duties imposed on the Bank by these Regulations through or by any of the officers or employees of the Bank.
|
| |
|
| |
Signed for and on behalf of the CENTRAL BANK COMMISSION,
|
| |
5 September 2012.
|
| |
MATTHEW ELDERFIELD,
|
| |
Deputy Governor (Financial Regulation).
|
| |
SCHEDULE
|
| |
Levy Period:
|
| |
1 January 2012 to 31 December 2012
|
| |
CATEGORY A
|
| |
Credit Institutions
|
| | |
Type of regulated entity
|
Basis of calculation of levy contribution
|
|
A1a — Irish Authorised Credit Institutions participating in the Credit Institutions (Eligible Liabilities Guarantee) Scheme 2009 (the “ELG Scheme Institutions”) and their subsidiaries that are credit institutions authorised under Irish legislation.
|
|
The levy contribution is split into three separate levies, a Prudential Levy, a Consumer Levy and a Supplementary Levy.
Prudential Levy
All entities will be charged a minimum levy of €133,000. In addition to this levy, all entities (with the relevant level of Pillar I capital requirements) will be charged a variable levy based on the table below.
|
|
|
Band
|
Range €
|
Charge per €m or part thereof
|
|
|
|
Min
|
0 — 350,000,000
|
133,000
|
|
|
|
A
|
350,000,001 — 600,000,000
|
3,203.51
|
|
|
|
B
|
600,000,001 — 1,000,000,0000
|
2,673.85
|
|
|
|
C
|
1,000,000,001 — 2,000,000,000
|
1,823.41
|
|
|
|
|
D
|
2,000,000,001 — 10,000,000,000
|
1,056.40
|
|
|
|
|
Consumer Levy
All entities that engage in retail lending or retail deposit taking will be charged a minimum levy of €8,000 plus a variable levy based on the table below.
|
|
|
|
|
|
Band
|
Range €
|
Charge per €m or part thereof
|
|
|
|
|
Min
|
0 — 2,000,000,000
|
8,000
|
|
|
|
|
A
|
2,000,000,001 — 8,000,000,000
|
3.98
|
|
|
|
|
B
|
8,000,000,001 — 17,500,000,000
|
3. 60
|
|
|
|
|
C
|
17,500,000,001 — 22,500,000,000
|
9.97
|
|
|
|
|
D
|
22,500,000,001 — 50,000,000,000
|
29.30
|
|
|
|
|
The range is based on the combined total of retail lending to Irish resident individuals and households (extracted from the Sectoral Return Quarter 1, IEQ format, row code LT0001, column codes 225H11 plus 225C11 plus 225O11) and retail deposits taken from Irish resident individuals and households (extracted from the Sectoral Return Quarter 1, IEQ format, row code DT0001, column code 225O11) as reported to the Central Bank as at 31 December 2011.
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
|
|
Supplementary Levy
For the purposes of providing the Central Bank with sufficient funds to enable it to perform its functions and exercise its powers, the ELG Scheme Institutions listed below shall pay a supplementary levy to the Bank. The ELG Scheme Institutions listed below shall be charged a supplementary levy which will be set out in a levy notice sent to each institution (the supplementary levy shall be paid by each of the named ELG Scheme Institutions for and on behalf of each of its subsidiaries that are credit institutions authorised under Irish legislation). A regulated entity who ceases to be regulated during the levy period will be required to pay the supplementary levy in respect of the entire levy period.
ELG Scheme Institution
Irish Bank Resolution Corporation plc
Allied Irish Banks plc
The Governor and Company of the Bank of Ireland
Permanent TSB plc
EBS Building Society
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
A1b — Irish Authorised Credit Institutions not included in category A1a.
|
|
The levy contribution is split into two separate levies, a Prudential Levy and a Consumer Levy.
Prudential Levy
All entities will be charged a minimum levy of €37,500. In addition to this levy, all entities (with the relevant level of Pillar I capital requirements) will be charged a variable levy based on the table below.
|
|
|
|
|
Band
|
Range €
|
Charge per €m or part thereof
|
|
|
|
|
Min
|
0 — 35,000,000
|
37,500
|
|
|
|
|
A
|
35,000,001 — 105,000,000
|
775.19
|
|
|
|
|
B
|
105,000,001 — 200,000,000
|
831.35
|
|
|
|
|
C
|
200,000,001 — 550,000,000
|
412. 83
|
|
|
|
|
D
|
550,000,001 — 10,000,000,000
|
121. 59
|
|
|
|
|
The range relates to the Pillar I capital requirements of the entity (net of any interim capital requirements imposed by the Central Bank but including Capital Requirements Directive capital floors) as at 31 December 2011. These data are contained in line item 2 (Total Capital Requirements) of Common Solvency Reporting, format CA3.
Consumer Levy
All entities that engage in retail lending or retail deposit taking will be charged a minimum levy of €5,000 plus a variable levy based on the table below.
|
|
|
|
|
Band
|
Range €
|
Charge per €m or part thereof
|
|
|
|
|
Min
|
0 — 100,000
|
5,000
|
|
|
|
|
A
|
100,001 — 1,500,000
|
9,558.03
|
|
|
|
|
B
|
1,500,001 — 7,500,000
|
2,918.76
|
|
|
|
|
C
|
7,500,001 — 750,000,000
|
40. 72
|
|
|
|
|
D
|
750,000,001 — 25,000,000,000
|
9. 09
|
|
|
|
|
The range is based on the combined total of retail lending to Irish resident individuals and households (extracted from the Sectoral Return Quarter 1, IEQ format, row code LT0001, column codes 225H11 plus 225C11 plus 225O11) and retail deposits taken from Irish resident individuals and households (extracted from the Sectoral Return Quarter 1, IEQ format, row code DT0001, column code 225O11) as reported to the Central Bank as at 31 December 2011.
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
A2 — Credit Institutions authorised in another EEA state operating in Ireland on a branch basis
|
|
Branches are not subject to a prudential charge as prudential supervision is the responsibility of the home member state regulator.
Consumer Levy
Branches will be required to pay a consumer levy if they are engaged in lending to or taking deposits from Irish resident individuals or households. All entities that engage in retail lending or retail deposit taking will be charged a minimum levy of €5,000 plus a variable levy based on the table below.
|
|
|
|
|
Band
|
Range €
|
Charge per €m or part thereof
|
|
|
|
|
Min
|
0 — 100,000
|
5,000
|
|
|
|
|
A
|
100,001 — 1,500,000
|
9,558.03
|
|
|
|
|
B
|
1,500,001 — 7,500,000
|
2,918.76
|
|
|
|
|
C
|
7,500,001 — 750,000,000
|
40. 72
|
|
|
|
|
D
|
750,000,001 — 25,000,000,000
|
9. 09
|
|
|
|
|
The range is based on the combined total of retail lending to Irish resident individuals and households (extracted from the Sectoral Return Quarter 1, IEQ format, row code LT0001, column codes 225H11 plus 225C11 plus 225O11) and retail deposits taken from Irish resident individuals and households (extracted from the Sectoral Return Quarter 1, IEQ format, row code DT0001, column code 225O11) as reported to the Central Bank as at 31 December 2011.
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
A3 — Credit Institutions authorised in another EEA state operating in Ireland on a cross border basis
|
|
Entities undertaking business on a cross border basis are not subject to a prudential charge as prudential supervision is the responsibility of the home member state regulator.
Consumer Levy
Entities carrying out business in Ireland are required to pay a consumer levy if they are engaged in lending to or taking deposits from Irish resident individuals or households (as defined for the purposes of the sectoral return). The table below details the levy payable by such entities.
|
|
|
|
|
Band
|
Range €
|
Charge per €m or part thereof
|
|
|
|
|
Min
|
0 — 100,000
|
5,000
|
|
|
|
|
A
|
100,001 — 1,500,000
|
9,558.03
|
|
|
|
|
B
|
1,500,001 — 7,500,000
|
2,918.76
|
|
|
|
|
C
|
7,500,001 — 750,000,000
|
40. 72
|
|
|
|
|
D
|
750,000,001 — 25,000,000,000
|
9. 09
|
|
|
|
|
The range is based on the combined total of retail lending and retail deposits to individuals and households in Ireland as at 31 December 2011. Entities operating in Ireland on a cross border basis are obliged to determine the levy that they are due to pay by reference to this table and remit the appropriate levy to the Central Bank.
|
|
|
| |
CATEGORY B
|
| |
Insurance Undertakings
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
B1 — Life Companies with Irish Head Office and Life Insurance Undertakings authorised in another non-EEA state operating in Ireland
|
|
The levy contribution is split into two separate levies, the Prudential Levy and the Consumer Levy.
Prudential Levy
All entities will be charged a minimum levy of €10,000. In addition to this amount, all entities will be charged a variable levy based on a percentage of their gross global premium income reported in the ‘Global Business’ Form 2, Line 9, Column 1 of the statutory annual return received from life insurance companies for 2010.
Minimum levy: €10,000
Variable levy: 0.007642% of gross global premium income.
Consumer Levy
All entities that engage in the writing of Irish risk business will be charged a minimum levy of €1,000. In addition to this amount, all entities will be charged a variable levy based on gross global premium income written on Irish risk business reported in the ‘Irish Risk Business’ Form 2, Line 9, Column 1 of the statutory annual return received from life insurance companies for 2010.
Minimum levy: €1,000
Variable levy: 0.002905% of gross global premium income written on Irish risk business.
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
B2 — Life Insurance Undertakings authorised in another EEA state operating in Ireland on a branch basis
|
|
Branches are not subject to a prudential charge as prudential supervision is the responsibility of the home member state regulator.
Consumer Levy
All entities that engage in the writing of Irish risk business will be charged a minimum levy of €1,000. In addition to this levy, all entities will be charged a variable levy based on gross premium income written on Irish risk business.
Minimum levy: €1,000
Variable levy: 0.002905% of gross premium income written on Irish risk business.
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
B3 — Life Insurance Undertakings authorised in another EEA state operating in Ireland on a cross border basis
|
|
Entities undertaking cross border business are not subject to a prudential charge as prudential supervision is the responsibility of the home member state regulator.Consumer LevyEntities carrying out business in Ireland on a cross border basis are required to pay a minimum levy of €1,000. In addition to this amount, all entities are required to pay a variable levy based on gross premium income written on Irish risk business.
Minimum levy: €1,000
Variable levy: 0.002905% of gross premium income written on Irish risk business.
Entities operating in Ireland on a cross border basis are obliged to determine the levy they are due to pay by reference to the details above and remit the appropriate levy to the Central Bank.
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
B4 — Non-Life Companies with Irish Head Office
|
|
The levy contribution is split into two separate levies, a Prudential levy and a Consumer levy.
Prudential Levy
All entities will be charged a minimum levy of €8,000. In addition to this amount, all entities will be charged a variable levy based on a percentage of their gross global premium income reported in the ‘Total Business’ Form 1, Line 2, Column 1 of the statutory annual return received from non-life insurance companies for 2010.
Minimum levy: €8,000
Variable levy: 0.033173% of gross global premium income.
Consumer Levy
All entities that engage in the writing of Irish risk business will be charged a minimum levy of €1,250. In addition to this amount, all entities will be charged a variable levy based on gross premium income written on Irish risk business reported in the ‘Irish Risk Business’ Form 1, Line 2, Column 1 of the statutory annual return received from non-life insurance companies for 2010.
Minimum levy: €1,250
Variable levy: 0.00521% of gross premium income written on Irish risk business.
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
B5 — Non-Life Insurance Undertakings authorised in another EEA state operating in Ireland on a branch basis
|
|
Branches are not subject to a prudential charge as prudential supervision is the responsibility of the home member state regulator.
Consumer Levy
All entities that engage in the writing of Irish risk business will be charged a minimum levy of €1,250. In addition to this amount, all entities will be charged a variable levy based on gross premium income written on Irish risk business.
Minimum levy: €1,250
Variable levy: 0.00521% of gross premium income written on Irish risk business.
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
B6 — Non-Life Insurance Undertakings authorised in another EEA state operating in Ireland on a cross border basis
|
|
Entities undertaking cross border business are not subject to a prudential charge as prudential supervision is the responsibility of the home member state regulator.
Consumer Levy
Entities carrying out business in Ireland on a cross border basis are required to pay a minimum levy of €1,250. In addition to this amount, all entities are required to pay a variable levy based on gross premium income written on Irish risk business.
Minimum levy: €1,250
Variable levy: 0.00521% of gross premium income written on Irish risk business.Entities operating in Ireland on a cross border basis are obliged to determine the levy they are due to pay by reference to the details above and remit the appropriate levy to the Central Bank.
|
|
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
B7 — Reinsurance Undertakings with Irish Head Office
|
|
Prudential Levy
Reinsurance undertakings carrying out business in Ireland are required to pay a prudential levy.All entities will be charged a minimum levy of €8,500. In addition to this levy, they will be charged a variable levy based on a percentage of the combined total of gross premium written (Profit and Loss Technical Accounts, Line 1 and 2) and gross technical reserves (taken from Balance Sheet, Technical Provision - Sum of Unearned Premiums plus Claims Outstanding plus Long Term Provisions plus Other Technical Provisions) reported in audited accounts for the financial year ended 2010.
Minimum levy: €8,500
Variable levy: 0.002898% of the combined total of gross premium written and gross technical reserves.
|
|
|
| |
CATEGORY C
|
| |
Intermediaries
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
C — Intermediaries (including Investment Product Intermediaries and Mortgage Intermediaries who hold authorisations under the
Consumer Credit Act 1995
). Insurance/ Reinsurance Intermediaries registered under the EC (Insurance Mediation) Regulations 2005
|
|
All intermediaries who held an authorisation as at 31 December 2011 will be charged a levy on the basis shown in the table below.
|
|
|
|
Band
|
Income Range €
|
Levy €
|
|
|
|
1
|
0 — 60,000
|
220
|
|
|
|
2
|
60,001 — 250,000
|
330
|
|
|
|
3
|
250,001 — 600,000
|
980
|
|
|
|
4
|
600,001 — 1,000,000
|
1,800
|
|
|
|
5
|
1,000,001 — 1,250,000
|
2,785
|
|
|
|
6
|
1,250,001 — 1,500,000
|
4,200
|
|
|
|
7
|
1,500,001 — 4,000,000
|
8,350
|
|
|
|
8
|
4,000,001 — 6,000,000
|
16,380
|
|
|
|
9
|
6,000,001 — 7,500,000
|
22,575
|
|
|
|
|
10
|
Over 7,500,000
|
25,465
|
|
|
|
|
The levy will be calculated based on the latest income declared to the Central Bank. An intermediary who was authorised for the first time in 2011 must supply a completed Self Declaration of Income form to the Central Bank. This declaration should cover the period from the date of their authorisation to 31 December 2011.
An intermediary can only submit an amended Self Declaration of Income during the funding year for which they wish the updated declaration to apply.
For the purposes of this part of the Schedule (Category C only) income is defined as:The total income generated by each authorised intermediary from regulated activity undertaken. This includes:
• all commissions and any other income derived from product producers
• all payments and amounts received from individuals or companies in relation to services or advice provided in relation to regulated financial services
• any other income derived from regulated activities (but not including interest earned by an entity on credit bank balances held in their own name).
On receipt of the levy notice for 2012 an intermediary should determine whether or not they should update the self declaration that they submitted to the Central Bank for the calculation of the 2012 levy. If the income figure for a more recent financial year is available, a new declaration should be made if this income figure would result in the intermediary moving to a different income range in relation to the 2012 levy and therefore paying a different levy.
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CATEGORY D
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Investment Firms(other than Investment Product Intermediaries)
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(Firms regulated under the provisions of either the
Investment Intermediaries Act, 1995
or the European Communities (Markets in Financial Instruments) Regulations 2007)
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Type of regulated entity
|
Basis of calculation for levy contribution
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|
D1 — Designated Fund Managers
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|
A flat rate levy of €3,350 is payable by designated fund managers.
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Note: In determining which of the categories D2–D6 an entity is categorised into, consideration is given to the most senior element of their authorisation. Therefore if the authorisation of an entity allows it to be categorised as D2 or D3, it would be categorised as D3 because ‘Portfolio Management’ is viewed as a more senior type of authorisation than ‘Receipt and Transmission of Orders’.
The figure used as the tariff base in Categories D2, D3 and D5 is the turnover figure from the audited accounts for the financial year-end 2010. If the reporting period for an entity’s audited accounts year-end 2010 is greater or less than twelve months, their accounting period and turnover will be pro-rated to a twelve-month period.
If a firm was newly authorised in 2010 (i.e. the relevant year for the tariff data for the 2012 levy period) the turnover figure will be extracted from the audited accounts for 2010, if available. If audited accounts for the financial period-end 2010 were not prepared, the turnover figure from the first set of audited accounts produced, pro-rated for the period of operation in 2010, will be used.If a firm was newly authorised in 2011, the turnover that will be used to calculate the levy is the turnover figure for the period from authorisation to 31 December 2011 as reported by the firm as part of the Capital Adequacy Return.
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Type of regulated entity
|
Basis of calculation for levy contribution
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D2 — Receipt and Transmission of Orders and/or Provision of Investment Advice; No Client Asset Requirements Imposed
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All entities will be charged a minimum levy of €6,000. In addition, all entities (with the relevant level of turnover) will be charged a variable levy based on the table below.
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Band
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Range €
|
Charge per €000 or part thereof
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Min
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0 — 250,000
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6,000
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A
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250,001 — 1,500,000
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6. 05
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B
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1,500,001 — 5,250,000
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2. 93
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C
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5,250,001 — 20,600,000
|
1. 25
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|
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D
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20,600,001 — 400,000,000
|
0. 57
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The turnover range is based on the turnover figure from the annual audited accounts for the year-end 2010 that have been received by the Central Bank.
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Type of regulated entity
|
Basis of calculation for levy contribution
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D3 — Portfolio Management; Execution of Orders; Client Asset Requirements Imposed
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All entities will be charged a minimum levy of €12,000. In addition, all entities (with the relevant level of turnover) will be charged a variable levy based on the table below.
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Band
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Range €
|
Charge per €m or part thereof
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Min
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0 — 200,000
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12,000
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A
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200,001 — 500,000
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44,250.00
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B
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500,001 — 2,900,000
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7,197.00
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C
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2,900,001 — 5,250,000
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12,427.89
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D
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5,250,001 — 150,000,000
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2,411.89
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The turnover range is based on the turnover figure from the annual audited accounts for the year-end 2010 received by the Central Bank.
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Type of regulated entity
|
Basis of calculation for levy contribution
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D4 — Own Account Trading; Underwriting on a Firm Commitment Basis; Client Asset Requirements Imposed
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All entities will be charged a minimum levy of €10,000. In addition, all entities (with the relevant level of regulatory capital) will be charged a variable levy based on the table below.
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Band
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Range €
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Charge per €m or part thereof
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Min
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0 — 750,000
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10,000
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A
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750,001 — 2,250,000
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14,036.25
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B
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2,250,001 — 7,500,000
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5,789.32
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C
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7,500,001 — 16,000,000
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5,509.42
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D
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16,000,001 — 350,000,000
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629. 92
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The range used is based on the higher of initial required regulatory capital; total required regulatory capital; total expenditure based requirement as at 31 December 2011 extracted from the capital adequacy return received by the Central Bank.
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Type of regulated entity
|
Basis of calculation for levy contribution
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D5 — Member Firms of the Irish Stock Exchange which have been authorised as an Investment Firm under Regulation 11(1) or deemed authorised under Regulation 6(2) of the European Communities (Markets In Financial Instruments) Regulations 2007
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All entities will be charged a minimum levy of €30,000. In addition, all entities (with the relevant level of turnover) will be charged a variable levy based on the table below.
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Band
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Range €
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Charge per €m or part thereof
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Min
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0 — 5,000,000
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30,000
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A
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5,000,001 — 8,600,000
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10,650.15
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B
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8,600,001 — 20,000,000
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5,079.78
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C
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20,000,001 — 35,000,000
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5,471.70
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D
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35,000,001 — 250,000,000
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2,361.32
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The turnover range is based on the turnover figure from the annual audited accounts for the year-end 2010 received by the Central Bank. Member Firms of the Irish Stock Exchange authorised in 2012 will be liable for a pro-rata levy based on the number of days for which the authorisation is held in 2012.
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Type of regulated entity
|
Basis of calculation for levy contribution
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D6 — Firms authorised under the
Investment Intermediaries Act 1995
that are not captured in any other levy category for the purpose of these Regulations
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A flat rate levy of €3,350 is payable.
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Type of regulated entity
|
Basis of calculation for levy contribution
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D7 — Operation of Multi-Lateral Trading Facilities
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A flat rate levy of €120,387.52 is payable.
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Type of regulated entity
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Basis of calculation for levy contribution
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D8 — Clearing Member Firm
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A flat rate levy of €421,725.00 is payable.Clearing Member Firms authorised in 2012 will be liable for a pro-rata levy based on the number of days for which the authorisation is held in 2012.
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CATEGORY E
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Collective Investment Schemes and other Service Providers
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Type of regulated entity
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Basis of calculation for levy contribution
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E1a — Collective Investment Schemes (CIS) Authorised Unit Trusts;
Authorised Investment Companies;
Authorised Investment Limited Partnerships;
Non-Irish Authorised Schemes (except Self Managed Investment Companies)
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Fund Type
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Levy per Fund
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Levy per Sub-Fund
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Single
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€2,025
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n/a
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Umbrella
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€2,025
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€475
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All funds will pay a minimum levy of €2,025. Umbrella funds will also pay a contribution per sub-fund of €475 on the first five sub-funds resulting in a maximum contribution for umbrella funds of €4,400.
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No. of Sub-Funds
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€ per Sub-Fund
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€
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2
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475
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2,975
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3
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475
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3,450
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4
|
475
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3,925
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5+
|
475
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4,400
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Type of regulated entity
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Basis of calculation for levy contribution
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E1b — Self Managed Investment Companies (SMICs)
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Fund Type
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Levy per Fund
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Levy per Sub-Fund
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Single
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€2,025
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n/a
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Umbrella
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€2,025
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€475
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All SMICs will pay a minimum levy of €2,025. SMICs will also pay a contribution per sub-fund of €475 on the first five sub-funds resulting in a maximum contribution for umbrella funds of €4,400.
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No. of Sub-Funds
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€ per Sub-Fund
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€
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2
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475
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2,975
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3
|
475
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3,450
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4
|
475
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3,925
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5+
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475
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4,400
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Type of regulated entity
|
Basis of calculation for levy contribution
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E2a — Non UCITS Managers (Delegating)
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The levy for Non UCITS Managers (Delegating) is €3,555.
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Type of regulated entity
|
Basis of calculation for levy contribution
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E2b — Administrators; UCITS Managers (Non Delegating); Non UCITS Managers (Non Delegating); Trustees
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All entities will be charged a minimum levy of €10,000. In addition, all entities (with the relevant level of Net Asset Value) will be charged a variable levy based on the table below.
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Band
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Range €
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Charge per €m or part thereof
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Min
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0 — 30,000,000
|
10,000
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A
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30,000,001 — 1,700,000,000
|
1. 595
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B
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1,700,000,001 — 9,000,000,000
|
0. 522
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C
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9,000,000,001 — 37,500,000,000
|
0. 227
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D
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37,500,000,001 — 375,000,000,000
|
0. 081
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|
The range is based on the Net Asset Value administered as at 31 December 2011 as reported to the Central Bank.
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Type of regulated entity
|
Basis of calculation for levy contribution
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E2c — UCITS Managers (Delegating)
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|
The levy for UCITS Managers (Delegating) is €8,875.
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CATEGORY F
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Credit Unions
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Type of regulated entity
|
Basis of calculation for levy contribution
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F — Credit Unions
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The required levy from individual credit unions will be assessed as 0.01% of total assets reported in the annual returns setting out their balance sheet as at 30 September 2011, provided that the total levy collected or recovered from credit unions does not exceed the total costs incurred by the Central Bank in performing the functions and exercising the powers of the Central Bank under the
Credit Union Act, 1997
.
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CATEGORY G
|
| |
Moneylenders
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| | |
Type of regulated entity
|
Basis of calculation for levy contribution
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G — Moneylenders
|
A minimum levy of €1,250 will be charged for each Moneylender. In addition, a variable levy based on a percentage charge on the total value of loans outstanding per the application for authorisation submitted in 2011 will also be charged. The maximum levy payable by a Moneylender is €45,000. This levy will cover moneylenders’ operation in all Court Districts.
Minimum levy: €1,250
Variable levy: 0.254507% of total value of loans outstanding Maximum levy: €45,000
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CATEGORY H
|
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Approved Professional Bodies
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Type of regulated entity
|
Basis of calculation for levy contribution
|
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H — Approved Professional Bodies
|
Each Approved Professional Body will be charged a flat rate levy of €14,800.
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CATEGORY I
|
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Exchanges/Markets
|
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Type of regulated entity
|
Basis of calculation for levy contribution
|
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I — Exchanges/Markets
|
Any Exchange/Market regulated by the Central Bank shall pay the following levy in accordance with their applicable authorised status:
Regulated market authorised under the European Communities (Markets in Financial Instruments) Regulations 2007 €206,000
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CATEGORY J
|
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Bureaux de Change
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Type of regulated entity
|
Basis of calculation for levy contribution
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J1 — Bureaux de Change
|
The minimum levy payable by a Bureau de Change is €2,000.
In addition, a variable levy based on a percentage charge on income, as at 31 December 2011, as declared to the Central Bank will also be charged.
Minimum levy: €2,000
Variable levy: 0.281657% of declared income as at 31 December 2011.
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CATEGORY K
|
| |
E-Money Providers
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
K — E-Money Providers
|
Each E-Money Provider will be required to pay a levy of €1,000.
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CATEGORY L
|
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Default Assessments
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
L — Regulated entities falling within Regulation 17(d)
|
Each regulated entity falling within Regulation 17(d) shall pay a flat rate levy of €3,600.
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CATEGORY M
|
| |
Retail Credit Firms and Home Reversion Firms
|
| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
M1 — Retail Credit Firms
|
The minimum levy payable by a Retail Credit Firm is €1,250.
In addition, a variable levy based on a percentage charge on the value of outstanding loans, as declared to the Central Bank for 31 December 2011, will also be charged.
Minimum levy: €1,250
Variable levy: 0.002222% of value of outstanding loans as at 31 December 2011
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Type of regulated entity
|
Basis of calculation for levy contribution
|
|
M2 — Home Reversion Firms
|
The minimum levy payable by a Home Reversion Firm is €1,000.
In addition, a variable levy based on a percentage charge on income, as at 31 December 2011, as declared to the Central Bank will also be charged.
Minimum levy: €1,000
Variable levy: 0.647% of income as at 31 December 2011
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CATEGORY N
|
| |
Payment Institutions
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| | |
Type of regulated entity
|
Basis of calculation for levy contribution
|
|
N — Payment Institutions
|
The minimum levy payable by a Payment Institution is €2,000.
In addition, a variable levy based on a percentage charge on the Regulatory Capital Requirement for 2011, a variable levy based on a percentage charge on income for 2011 and a flat rate levy based on the number of agents will also be charged.
Minimum levy: €2,000
Variable levy: 1.662% of Regulatory Capital Requirement for 2011
Variable levy: 0.0355% of income for 2011
Flat Rate Levy: €300,000 for agent numbers in excess of 1,000.
Payment Institutions authorised in 2012 will be liable for a pro-rata levy based on the number of days for which the authorisation is held in 2012.
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