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Are captive insurance undertakings (as defined in Section 3, Art. 13 (2) of DIRECTIVE 2009/138/EC (Solvency II)) required to be listed in the PIEs Listing template?
October 6, 2022Captives (as defined in Section 3, Art. 13 (2) of DIRECTIVE 2009/138/EC) fall under the definition of ‘insurance undertaking’, as detailed in Recital 10 of same directive, which brings them under the PIE definition.
See more...The audit firm audits an Insurance Undertaking that is operated under a Freedom of Service basis (as defined in Directive 88/357/EEC as amended). Is this required to be listed in the template?
October 6, 2022If you are auditing a component that is not itself a legal entity, it is unlikely to be a PIE.
See more...Are credit unions PIEs?
October 6, 2022Article 2 of Directive 2013/36/EU where the definition of ‘credit institution’ (in respect of the current PIEs definition) originates from, specifically removes Irish credit unions as an entity type bound by the same Directive. This in turn is interpreted as exempting Irish Credit Unions from the PIEs (as defined in Directive 2014/56/EC) classification of b) … Continued
See more...Do Irish Collective Asset-management Vehicles (ICAVs) fall under the PIE definition?
October 6, 2022Similar to other fund vehicles, if the ICAV is listed on a regulated market e.g. the main securities market of the Irish stock exchange fall under the PIE definition.
See more...Are the Transparency Directive (Directive 2013/50/EU, Art. 1 Par. 6 amending Directive 2004/104/EC) if an issuer whose securities are admitted to trading on a regulated market only issues exclusively listed debt in denominations of at least €100,000 (€50,000 if debt is listed Audit Inspections Unit (AIU) before 31 December 2010) it is exempt from the Transparency Directive reporting requirements. Can I avail of this exemption for the template?
October 6, 2022Under the rules of the Transparency Directive (Directive 2013/50/EU, Art. 1 Par. 6 amending Directive 2004/104/EC) if an issuer whose securities are admitted to trading on a regulated market only issues exclusively listed debt in denominations of at least €100,000 (€50,000 if debt is listed before 31 December 2010) it is exempt from the Transparency … Continued
See more...The entity’s debt is listed on GEM (Global Exchange Market operated by Irish Stock Exchange) – do I need to include this on the PIEs Listing template?
October 6, 2022GEM is not included in the regulated market listing as compiled by the European Securities and Markets Authority (ESMA). Any entity with debt solely listed on GEM does not fall under the PIE definition (unless it is captured in one of the other PIE definitions e.g. a credit institution).
See more...My client, an EEA incorporated entity whose transferable securities are admitted to trading on an EU regulated market, does not have any securities traded. Is it still required to be included?
October 6, 2022Yes, irrespective of whether the securities are actively traded or not, the entity meets the definition of a PIE by having transferable securities which are admitted to trading on an EU regulated market (as well as governed by the law of a member state).
See more...Do all listed entities clients fall under the PIE definition?
October 6, 2022Any entity • whose transferable securities are admitted to trading on a regulated market of any Member State, whose audit (either group or component audit) is carried out in Ireland; and • who is governed by the law of a member state; is defined as a PIE. However if the transferable securities are only listed … Continued
See more...I have a client whose parent is incorporated outside of the EEA – is it required to be listed in the template?
October 6, 2022It depends, any client (e.g. a subsidiary) who meets the definition of public interest entity and whose audit is carried out in Ireland is a PIE. If the client group contains a PIE incorporated within the EEA, your client (the subsidiary) may fall within the definition of PIE. It is your responsibility to confirm that … Continued
See more...Do branches fall under the definition of PIEs?
October 6, 2022Branches of PIEs do not normally fall under the definition of PIEs in themselves, as they do not have a legal personality, see EU Commission FAQs.
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