- Court Considers Personal Liability of Director for Debt (06 December 2016)
In Toomey Leasing Group Ltd v Sedgwick & Ors  IECA 280, Court of Appeal, Hogan J, 13 October 2016, the first named respondent (Mr Sedgwick) appealed from a decision of the High Court that he, and the second respondent were personally liable to the applicant in the sum of €48,250 pursuant to Section 297A of the Companies Act 1963.
- ODPC publishes guidance on the GDPR (06 December 2016)
The ODPC has published guidance, The GDPR and You - Preparing for 2018, to help organisations prepare for the GDPR.
- Tracker, Financial Services Regulation & Compliance - Banking (06 December 2016)
On the Domestic Front: Central Bank of Ireland demands increased effectiveness in IT and cyber risk management; Central Bank publishes the outcome of its Review of Residential Mortgage Lending Requirements; Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) (Amendment) Regulations 2016 published On the EU Front: European Banking Authority publishes a report on the impact of two new international frameworks proposed by the Basel Committee on Banking Supervision; European Banking Authority announces timing for publication of 2016 EU-wide transparency exercise data; European Parliament publishes a briefing on third-country equivalence in EU banking legislation
- Tracker, Financial Services Regulation & Compliance - Funds (06 December 2016)
On the Domestic Front: Loan Origination Qualifying Investor AIFs; Central Bank publish AIFMD Q&A. On the European Front: ESMA publish Q&A on application of AIFMD; ESMA publish Q&A on application of UCITS Directive
- Tracker, Financial Services Regulation & Compliance - Insurance (06 December 2016)
On the Domestic Front: Central Bank publishes updates to Solvency II reporting materials; Insurance Ireland calls for reform of life assurance levy and exit tax; Insurance Ireland welcomes recommendations to address rising cost of insurance. On the European Front: PRIIPs – Proposed postponement and other developments; Insurance Europe comments on Paris Climate Change Agreement; EIOPA publishes letter on proposed timetable for Solvency II technical advice
- Tracker, Financial Services Regulation & Compliance - Investment Firms (06 December 2016)
On the Domestic Front: Central Bank of Ireland publishes Q&A on the Transparency Regulatory Framework; Central Bank of Ireland publishes Feedback Statement on Consultation on the Central Bank Investment Firms Regulations 2015 On the European Front: European Banking Authority launches Consultation on designing a new prudential regime for investment firms; ESMA publishes Q&A on MiFID II and MiFIR market structures topics European Commission publishes three sets of Regulatory Technical Standards supplementing MiFIR
- Tracker, Financial Services Regulation & Compliance - Cross Sectoral (06 December 2016)
On the Domestic Front: Central Bank publishes Transparency Rules in respect of transparency requirements for issuers of securities admitted to trading on certain markets; Director of Enforcement of the Central Bank of Ireland delivers speech on the Bank's approach to enforcement; European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2016 enter into force. On the European Front: European Commission publishes proposal for a Regulation amending the Capital Requirements Regulation; European Commission publishes proposal for a Regulation amending the Single Resolution Mechanism Regulation; European Commission publishes two proposals for Directives amending the Banking Recovery and Resolution Directive
- New legislation on interception of communications (06 December 2016)
The Department of Justice and Equality have published a policy document on amending the law relating to the interception of communications.
- The Front Page - Q&A: November 2016 (01 December 2016)
We are delighted with readers' response to our new Question of the month in the Front Page. Thank you. We invite readers to send topical questions which would be of general interest to readers to A&L Goodbody Investment Funds. Each month we choose a question and publish the question and answer. We look forward to hearing from you.
- The Front Page, Asset Management & Investment Funds: Irish Practice Developments (30 November 2016)
- The Front Page, Asset Management & Investment Funds: EU & International Developments (30 November 2016)
- Supreme Court Grants Leave to Appeal Rateable Valuation Decision (29 November 2016)
The Supreme Court has given leave to Permanent TSB to appeal the decision of the Court of Appeal in Permanent TSB plc v Langan  IECA 229, which held that the Circuit Court had no jurisdiction to grant orders for possession of residential investment properties as they were "not rateable" under Section 15 of the Valuation Act 2001 (the 2001 Act) and were not covered by the Land and Conveyancing Law Reform Acts, 2009 and 2013.
- Termination of a Demand Guarantee and Calculation of Debt Owed (29 November 2016)
This case concerned the termination of two demand guarantees by the Plaintiff who was acting as personal representative of an individual who had died in 2012 (the Deceased). The Plaintiff argued that as the guarantees had been terminated, no debt was owed to Ulster Bank Ireland Limited (the Bank).
- The Gig Economy: a cause for concern for employers? (28 November 2016)
Last month, two Uber drivers in London won their test cases before the UK Employment Tribunal (the ET). The ET held that they were "workers" and not self-employed individuals. The significance of this finding is that as "workers" they are entitled to certain minimum statutory protections.
- The role of Cape Town counsel and contract practices under the Convention (28 November 2016)
The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on Matters Specific to Aircraft Equipment (Cape Town Convention) has taken effect in Australia, Ivory Coast, Denmark, Spain, Sweden and the UK. A&L Goodbody has been advising on the Convention for more than 10 years, since it was ratified by Ireland in 2006. We have therefore gained considerable insight on how best to manage the legal and practical issues.
- Welcome change to Central Bank requirements for Loan Originating Qualifying Investor AIFs (28 November 2016)
Some good news, on 25 November, the Central Bank announced an important change to their requirements for loan originating Qualifying Investor AIFs (LQIAIFs) which is to take effect from 3 January 2017 when a revised AIF Rulebook will be published.
- Offer of Amends – Reduced discounts for those that delay (23 November 2016)
This recent High Court decision highlights the importance for defendants to conduct a forensic analysis of the strengths and weakness of their defences as early as possible. Those with defences that are unlikely to prevail at trial should consider implementing the offer of amends procedure sooner rather than later as those that delay will impede their ability to minimise their financial exposure to the greatest extent possible.
- Another injunction under the whistleblowing legislation (22 November 2016)
The Protected Disclosures Act 2014 continues to show its teeth with another successful application for interim relief granted in Cork Circuit Court.
- Restriction of Directors – recent case law (22 November 2016)
In two recent High Court decisions concerning the restriction of directors, the Court considered circumstances where directors continued to trade after their respective companies had gotten into difficulties.
- The Beneficial Ownership Regulations 2016 are in force - what you need to know (21 November 2016)
The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2016 came into operation on 15 November 2016.
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