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Taxes Consolidation Act, 1997 (Number 39 of 1997)


753F Records.

(1) Subject to subsection (2), a qualifying institution shall maintain a separate record of each financial transaction, for a period of 6 years from the date of the stock return concerned, which shall include, at a minimum—

(a) the name and address of both parties to the financial transaction,

(b) the agreement underlying the financial transaction and any documentation in respect of any associated agreements, arrangements or transactions,

(c) the type, nominal value, description and amount of the qualifying securities, including any equivalent stock, transferred under the financial transaction,

(d) the date on which—

(i) qualifying securities have been obtained from the lender under the stock borrowing concerned, or

(ii) the stock transfer has taken place under the repurchase agreement concerned,

as the case may be,

(e) the date of the stock return,

(f) details of any manufactured payments arising pursuant to the financial transaction,

(g) details of any interest rate or rate of return applicable to the financial transaction, and

(h) details of the fees, profits, margins or other financial gain accruing, charged or expected to arise pursuant to the financial transaction.

(2) Where a qualifying institution is—

(a) an investment undertaking,

(b) a pension scheme, or

(c) a scheme referred to in paragraph (d) of the definition of “qualifying institution” in section 753A,

the record referred to in subsection (1) shall be maintained by a person who is authorised to act on behalf of, or for the purposes of, the qualifying institution and habitually so acts in that capacity.




Inserted by FA19 s34. Comes into operation on 1 January 2020