Insights & Publications - A&L Goodbody

Insights & Publications

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  • Word Perfect Translation Services Limited v The Commissioner of an Garda Síochána (Judgment of McGovern J. of 19 June 2015) (18 January 2017)

    In Word Perfect Translation Services Limited ("Word Perfect") v The Commissioner of an Garda Síochána (the "Commissioner"), the High Court held that Word Perfect's application for injunctive relief did not concern: (a) an alleged wrong taking place during the course of a procurement procedure; or (b) an application for review at the end of a procurement procedure.

  • High Court declares certain dispositions after commencement of winding up void (17 January 2017)

    In MB Refrigeration and Air Conditioning Ltd (In Liquidation) v Allied Irish Banks Plc [2016] IEHC 753, High Court, Barrett J, 21 December 2016, the Liquidator of the plaintiff company sought a declaration that certain transactions between 13 August 2013 and 4 October 2013 on a particular AIB account, constituted dispositions of the property of the plaintiff made after the commencement of its winding-up and thus were void pursuant to Section 218 of the Companies Act 1963.

  • Regulatory Update: Senior Managers and Certification Regime (12 January 2017)

    2016 was certainly a year to remember in the financial services sector. With the implementation of the Senior Managers and Certification Regime (SM&CR) which came into effect in March 2016, financial institutions will no doubt be aware of the shift of responsibility from regulatory bodies to corporate organisations and; ultimately, to individuals in their personal capacity holding senior positions within those organisations. The finer details of the regime have been addressed and (partially!) clarified by the regulatory bodies throughout 2016 and, looking forward towards 2017, we have summarised some of the key matters to be addressed and timeframes which apply over the coming months.

  • Action against Ireland for Failure to implement Concessions Directive (11 January 2017)

    On 8 December the European Commission sent a reasoned opinion to Ireland and 14 other Member States requesting them to fully transpose one or more of the three new directives on public procurement and concessions into national law (Directives 2014/23/EC, 2014/24/EC and 2014/25/EC).

  • A Snapshot of Irish M&A (11 January 2017)

    Alan Casey, Resident Partner, New York provides an overview of the key factors that have been driving Ireland's M&A market and outlines future prospects for M&A activity.

  • Investment via Insurance Bond not an Insurance Contract (10 January 2017)

    In Governey v Financial Services Ombudsman [2016] IESC 78, Supreme Court, 21 December 2016 the Supreme Court considered whether an investment, made by Mr Governey in 2006 in "the Kennet Centre Geared Property Fund" (the Fund) was in fact an insurance contract.

  • CP86 Update (09 January 2017)

    The Central Bank of Ireland (Central Bank) issued its guidance for fund management companies on managerial functions, operational issues and procedural matters which includes new rules for fund management companies on an effective supervision requirement and on the retrievability of records. These rules are summarised in the Feedback Statement to CP86 – third consultation. This concludes the work of CP86 which has been ongoing since 2014 and comprised three separate consultations which focused, in particular, on Governance, Compliance and Effective supervision.

  • Whatever about Brexit…Irexit is Unlikely Anytime Soon (06 January 2017)

    The EU conducts regular surveys of attitudes among the 500 million people across the Union. This is the so-called Standard Eurobarometer poll.

  • Tracker, Financial Services Regulation & Compliance - Banking (06 January 2017)

    On the Domestic Front: Central Bank publishes Guidelines on the Corporate Compliance Code Compliance Statement; Central Bank publishes Frequently Asked Questions on corporate governance requirements for credit institutions. On the EU Front: European Banking Authority publishes final draft technical standards on cooperation and exchange of information for passporting under the revised Payment Services Directive; European Banking Authority publishes Guidelines on remuneration policies and practices related to the provision and sale of retail banking products and services; European Banking Authority to run its next EU-wide stress test in 2018.

  • Tracker, Financial Services Regulation & Compliance - Funds (06 January 2017)

    On the Domestic Front: Central Bank publishes Guidance on Fund Management Company Effectiveness, Feedback Statement and Updated Q&As; Central Bank publishes the 22nd edition of the AIFMD Q&A; Central Bank publishes the 15th edition of the UCITS Q&A. On the EU Front: ESMA publishes an updated Q&A on the application of the AIFMD.

  • Tracker, Financial Services Regulation & Compliance - Insurance (06 January 2017)

    On the Domestic Front: Central Bank publishes policy note on the submission of information under Solvency II; CBI publishes "Dear CEO" letter on Solvency Capital Requirement; Insurance Ireland and DIMA propose merger. On the EU Front: Insurance Block Exemption Regulation will expire on 31 March 2017; EIOPA publishes guidelines for supervisor/auditor dialogue.

  • Tracker, Financial Services Regulation & Compliance - Investment Firms (06 January 2017)

    On the Domestic Front: Irish domiciled Investment Managers can apply to invest directly in Chinese securities. On the EU Front: ESMA publishes an updated Q&A on the application of the Alternative Investment Fund Managers Directive; ESMA updates MiFID II and MiFIR Q&A on investor protection; Commission adopts equivalence decisions for central counterparties and trading venues in ten non-EU jurisdictions; European Commission adopts rules to strengthen regulation of commodities markets.

  • Tracker, Financial Services Regulation & Compliance - Cross Sectoral (06 January 2017)

    On the Domestic Front: Central Bank publishes results of its themed review of risk function; Central Bank publishes Report on Mortgage Arrears; Central Bank issues first in series of Anti-Money Laundering bulletins. On the European Front: European Supervisory Authorities issue report on reducing sole and mechanistic reliance on credit ratings; Venture capital rules agreed by Council; European Supervisory Authorities publish the revised Joint Guidelines on the Prudential Assessment of Acquisitions and Increases of Qualifying Holdings in the Financial Sector.

  • The Front Page, Asset Management & Investment Funds: Irish Practice Developments (21 December 2016)

    In Irish practice developments: Some Approaching Deadlines the outcome of CP86; investment via Shenzhen Connect; CBI AIFMD Q&A; CBI UCITS Q&A; CBI Markets update; CBI Directors appointments; CBI AML bulletin; Address by Derville Rowland; CBI themed inspection of risk function; Irish Funds papers on keeping CDD up to date and on SFTR disclosures.

  • The Front Page, Asset Management & Investment Funds: EU & International Developments (21 December 2016)

    On the International Front: we look at ESMA Q&A on AIFMD; MMF Regulation; EMIR- risk mitigation techniques for uncleared OTC derivative contracts; EuVECA and EuSEF Regulation and AML/CFT developments.

  • The Front Page - Q&A: December 2016 (21 December 2016)

    CP86 Transition

  • Supreme Court Considers Calculation of Damages in Providing Adapted Accommodation (20 December 2016)

    In Barry (A Minor) v National Maternity Hospital [2016] IESC 41, Supreme Court, 13 July 2016 the plaintiff brought an action for injuries at birth.

  • Age discrimination – back in the spotlight (20 December 2016)

    The Labour Court recently upheld a decision of an Adjudication Officer rejecting a worker's claim that he was discriminated against on the grounds of age when he was forced to retire at age 65.

  • GDPR guidance on Data Portability, DPOs & Lead Supervisory Authority (19 December 2016)

    The Article 29 Working Party has issued a press release and three sets of guidelines and FAQs on implementation of some key issues under the GDPR.

  • Personal data – an expanding concept? (19 December 2016)

    This article examines the concept of "personal data", in light of the recent ruling of the European Court of Justice in Breyer (C-582/14), the Irish Data Protection Commissioner’s Guidance on Pseudonymous and Anonymous Data, and the incoming GDPR.

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