Page 431 - IOM Law Society Rules Book
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134                Financial Services Act 2008                  c.8

                                (4) The Court may make such orders as are necessary to give
                           effect to the appointment of a manager under this section and for
                           dealing with any property connected with the regulated activity.




               Appointment  23. (1) The Commission may by notice in writing served on a
               of reporting  permitted person require the person to provide the Commission
               accountants,
               etc         with a report by an accountant or other person with relevant
                           professional skill on, or on any aspect of, any matter relating to
                           the affairs of the permitted person.

                                (2) A notice under subsection (1) shall be accompanied by
                           or include a written statement of the reasons for the decision.

                                (3) The accountant or other person appointed by a permitted
                           person to make any report required under subsection (1) shall be
                           a person nominated or approved by the Commission; and the
                           Commission may require the report to be in such form as is
                           specified in the notice.


                                (4) If it appears to the Commission to be desirable in the
                           interests of the customers or potential customers of a permitted
                           person to do so, it may also exercise the powers conferred by
                           subsection (1) —

                                  (a) in relation to any body corporate which is or has at any
                                      relevant time been —

                                       (i) a holding company, subsidiary or related company
                                           of that person;

                                       (ii) a subsidiary of a holding company of that person;

                                      (iii) a holding company of a subsidiary of that person; or


                                      (iv) a body corporate in the case of which a shareholder
                                           controller of that permitted person, either alone
                                           or with any associate or associates, holds 50% or
                                           more of the shares or is entitled to exercise, or
                                           control the exercise of, more than 50%, of the
                                           voting power at a general meeting; or

                                  (b) in relation to any partnership of which that permitted
                                      person is or has at any relevant time been a member.

                                (5) If it appears to the Commission to be desirable to do so
                           in the interests of the customers or potential customers of a
                           permitted person which is a partnership (in this section referred
                           to as “the licensed partnership”) it may also exercise the powers
                           conferred by subsection (1) in relation to —
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