Insights & Publications

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  • The Front Page, Asset Management & Investment Funds: Irish Practice Developments (30 July 2015)

    On the Domestic Front, we look at Central Bank requirements for Irish authorised investment funds acquiring Chinese shares via the Shanghai-Hong Kong Stock Connect programme, the sole object of an ICAV which is a UCITS, QIAIFs investing more than 50% of net assets in an unregulated investment fund, a Q&A on the Central Bank Guidance on Directors' Time Commitments, a Central Bank Markets Update, a Consultation on Funding the Costs of Financial Regulation and an Irish Funds paper comparing IFRS with FRS 102 as they apply to investment funds.

  • The Front Page, Asset Management & Investment Funds: EU & International Developments (30 July 2015)

    On the International Front, we look at the ESMA Q&A on the application of AIFMD, ESMA opinion and advice on passporting under AIFMD, UCITS V and AIFMD remuneration guidelines, IOSCO Consultation on International Standards on Fees and Expenses of Investment Funds, Key Information Document for PRIIPS, AML and CTF risks associated with investment-based crowdfunding, FATF report on money laundering and terrorist financing risks and vulnerabilities associated with gold, FATF objectives for July 2015 to June 2016 and the FSB ninth progress report on implementation of OTC derivatives market reforms

  • UCITS - Remuneration Guidelines (24 July 2015)

    This consultation paper is the first step in the development of the guidelines on remuneration policies required by UCITS V and sets out ESMA’s formal proposals for these guidelines as well as a potential revision of the AIFMD remuneration guidelines.

  • CP86 - Synopsis, Feedback, Guidance & Next Steps (24 July 2015)

    On 12 June, 2015, the Central Bank of Ireland (the CBI) published a document entitled "Fund Management Company Boards".

  • Shipping Law in Ireland (24 July 2015)

    Catherine Duffy and Eileen Roberts, Partners at A&L Goodbody, provide an overview of shipping law, the shipping industry and legislative framework in Ireland.

  • Crystallisation of Floating Charges – Supreme Court Decision (14 July 2015)

    In the Matter of J.D Brian Limited (In Liquidation) T/A East Coast Print and Publicity, In the Matter of J.D. Brian Motors Limited (In Liquidation) T/A Belgard Motors and In the Matter of East Coast Car Parts Limited (In Liquidation) and In the Matter of the Companies Acts 1963 to 2009 (the Companies)

  • Northern Ireland is positioning itself as a leading technology hub (09 July 2015)

    Earlier this year, the UK government launched 'Tech Nation'; an interactive data project that shows the growth of digital businesses within specific areas/regions across the UK. The report is the first of its kind and ranked Belfast as the second highest region in the UK in terms of the highest average company turnover in this sector, with Greater Manchester securing the top spot and Sheffield, Inner London and South Wales coming third, fourth and fifth respectively.

  • Power politics: the end of subsidies for onshore wind farms? (09 July 2015)

    Ahead of the recent election it was no secret that the Conservatives wanted to see a cut in taxpayer support for the development of wind farms. What did come as a surprise was the recent announcement by the Westminster Department of Energy and Climate Change (DECC) that the main form of subsidy for wind farms would suddenly be closed in March 2016.

  • NI Companies Required to Disclose Details of Persons with Significant Control (09 July 2015)

    Recent legislative changes mean that with effect from January 2016 every UK private and public company (subject to certain exemptions in the case of public limited companies) will be required to maintain a register of persons having significant control of the company (a PSC register). Whilst not currently the case, it is expected that the requirement to create and maintain a PSC register will be extended to limited liability partnerships also with effect from January 2016.

  • Important judgement on the relationship between EU and International Law: MSC Orchestra and sulphur emissions (03 July 2015)

    An issue of key concern to the shipping community is whether EU law prevails over international treaty law (in particular, treaties in the maritime sector).

  • High Court rules UK judgment for gambling debt is unenforceable in Ireland (28 July 2015)

    In Sporting Index Limited v John O'Shea [2015] IEHC 407, the High Court allowed an appeal against an order of the Master of Irish High Court deeming enforceable a judgment, obtained in the County Court in London, in respect of losses arising from the defendant’s online spread betting account in the amount of €118,000.

  • Tracker, Financial Services Regulation & Compliance - Banking (03 July 2015)

    On the Domestic Front: Central Bank identifies weaknesses in lenders’ compliance with the Code of Conduct on Mortgage Arrears. The IBRC Commission of Investigation's Terms of Reference are revised. Regulations providing for credit institutions' maintenance of accounts are introduced. On the International Front: European Banking Authority (EBA) publishes its annual report and updates its risk dashboard for the EU banking sector. EBA issues amended technical standards on reporting of liquidity coverage ratio under the CRD IV. The Basel Committee consults on interest rate risk in the banking book.

  • Tracker, Financial Services Regulation & Compliance - Insurance (03 July 2015)

    On the Domestic Front: New Regulations regarding insurers' financial statements are introduced. Central Bank publishes its findings from a themed review of the retail intermediary sector and its presentation to the Society of Actuaries' Solvency II Forum. On the International Front: EIOPA publishes its annual report and latest Financial Stability statement. European Commission adopts its first decisions on Solvency II third country equivalence. International Association of Insurance Supervisors (IAIS) proposes revisions to Insurance Core Principles and invites comments. Lloyd's & IUA publish joint guidance on the UK Insurance Act 2015.

  • Tracker, Financial Services Regulation & Compliance - Investment Firms (03 July 2015)

    On the Domestic Front: Central Bank issues letter to industry following themed inspection of Client Categorisation for Investment Firms. On the International Front: European Supervisory Authorities (ESAs) consult on margin requirements for non-centrally cleared derivatives. European Securities and Markets Authority (ESMA) issues its Q1 risk dashboard for securities markets. ECB successfully launches TARGET2-Securities and agreement on the proposal for a regulation on reporting and transparency of securities financing transactions (known as SFTR) is reached by the European Parliament, Commission and Council of Europe.

  • Tracker, Financial Services Regulation & Compliance - Funds (03 July 2015)

    On the Domestic Front: Director of Market Supervision, Gareth Murphy, addresses the Irish Funds Annual Conference. The Central Bank publish a document for Fund Management Company Boards and a revised AIF Rulebook. And the Central Bank's Q&As for AIFMD and UCITS are updated. On the International Front: International Organisation of Securities Commissions (IOSCO) published a final report on good practices on reducing reliance on credit rating agencies (CRAs) in asset management.

  • Tracker, Financial Services Regulation & Compliance - Cross Sectoral (03 July 2015)

    On the Domestic Front: The Companies Act 2014 comes into effect. Irish Stock Exchange (ISE) launched its new online application process for International Security Identification Numbers (ISINs). Minister for State, Simon Harris, promotes Ireland's FinTech sector. On the International Front: ESMA launches new strategy and publishes 2014 annual report. Court of Justice of the European Union (ECJ) upholds the Outright Monetary Transactions (OMT) programme. UK Financial Control Authority (FCA) publishes its Business Plan for 2015/16.

  • 8 May 2015: Shipping Regulatory Summit to be held in Brussels (29 June 2015)

    On 8 May 2015, the European Commission announced that DG Competition will host the second Global Maritime Regulatory Summit on 18 June 2015 in Brussels. It will be a follow-up to the first Summit in Washington in December 2013.

  • Legal Competitiveness for International Tech (29 June 2015)

    John Whelan, Resident Partner San Francisco and Head of International Technology Practice at A&L Goodbody shares some insights on the advantages of Ireland’s legal offering for the international technology sector. This article was first published in Silicon Valley Magazine (Summer 2015 edition).

  • The Inward Investment and International Taxation Review 2015 (Ireland) (29 June 2015)

    Peter Maher, Partner and Head of Tax, A&L Goodbody provides an overview of the tax issues and opportunities in Ireland.

  • Holiday Pay – NI Court of Appeal unlocks the door for voluntary overtime (26 June 2015)

    The Northern Irish Court of Appeal has, this morning, held that the Belfast Tribunal ruled in error on its interpretation of Bear Scotland.

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