Guidance on Investor Money Requirements

Guidance on Investor Money Requirements

The Central Bank has published Guidance for fund service providers to assist industry in interpreting the Investor Money Requirements as contained in Part 7 of the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2023 (S.I. No.10 of 2023) (the Investment Firms Regulations 2023).

Chapter 1: General Requirements

Chapter 2: Segregation

Chapter 3: Holding and Depositing Investor Money

Chapter 4: Designation

Chapter 5: Investor Money Facilities Agreement

Chapter 6: Verification and Third Party Collection Accounts

Chapter 7: Reconciliation

Chapter 8: Daily Calculation

Chapter 9: Risk Management

Chapter 10: Investor Money Management Plan

Chapter 11: Investor Money Examination

Chapter 12: Reporting Requirements

The primary purpose of this Guidance is to assist fund service providers in complying with the Investor Money Requirements.

The content of this Guidance should not be construed as legal advice or a legal interpretation of the Investor Money Requirements. It is a matter for a firm who may fall within scope to seek legal advice regarding the application or otherwise of the Investor Money Requirements to its particular set of circumstances.

The Central Bank may update or amend this Guidance from time to time, as appropriate.

Investor Money Requirements Questions and Answers

The Questions and Answers relate to the Central Bank’s Investor Money Requirements and refer to the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2017 (the Investment Firms regulations 2017). The Questions and Answers continue to apply to the extent that the requirements in the Investment Firms Regulations 2023 are the same as those in the Investment Firms Regulations 2017. The Questions and Answers will be updated in due course.

Investor Money Requirements Questions and Answers - December 2018