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ARTICLE · 24 MAY 2017

Consequences Of Admissions In ASP Settlements

Dillon Eustace
Dillon Eustace
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Dillon Eustace

Dillon Eustace

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As part of any settlement under its Administrative Sanctions Procedure (the ASP), the Central Bank of Ireland (the Central Bank) expects a breach to be admitted.

IrelandWealth Management

As part of any settlement under its Administrative Sanctions Procedure (the ASP), the Central Bank of Ireland (the Central Bank) expects a breach to be admitted. Muireann Reedy examines the impact that this policy can have on a regulated entity or individual and contrasts the Central Bank's position with the practice of other financial regulators.

Central Bank approach

The Central Bank Act 1942 (as amended) empowers the Central Bank to enter into settlements to resolve an ASP, on whatever terms it and the other party agree to.

The reality, however, is that the Central Bank will only enter into a settlement if the regulated entity/ individual admits that it committed, or was involved in the commission of, a regulatory breach. This approach is reflected in the Central Bank's "Outline of the Administrative Sanctions Procedure" (2014) (the Outline) which states that it: "expects... all Settlement Agreements will contain admissions by the regulated entity in respect

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