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Legal Updates & Insights

  • Article

    Financial Services Regulation and Compliance - Investment Firms Dec 2020

    Domestically, the CBI updated its Q&A on the payment of distributions and variable remuneration by MiFID investment firms during the COVID-19 pandemic and launched a consultation on proposed enhancements to its Client Assets Requirements; At European level, The EBA also issued a set of draft technical standards on the prudential treatment of investment firms under the IFR/IFD.

    Financial Regulation
  • Article

    Financial Services Regulation and Compliance - Banking Dec 2020

    Domestically, the CBI issued a statement regarding the recent decision by the EBA to reactivate guidelines on payment moratoria; At European level, the EBA published finalised guidelines on fraud reporting under PSD2, released a statement to customers of UK financial institutions regarding the end of the Brexit transition period...

    Financial Regulation
  • Article

    Brexit 2021: Trade and Cooperation Agreement concluded between the EU and the UK

    The European Union (EU) and the United Kingdom (UK) have agreed a Trade and Cooperation Agreement which took effect from 1 January 2021. 

    Brexit
  • Article

    Trade Agreement keeps EU-UK personal data flowing for 6 months

    On 24 December 2020, the EU and UK reached a consensus on the Trade and Cooperation Agreement (the Agreement).

    Technology
  • Article

    Privilege in Regulatory Investigations

    The Irish courts recognise that litigation privilege can apply where the dominant purpose for the creation of a document was a regulatory or criminal investigation.

    Disputes
  • article

    High Court refuses application for leave to issue proceedings against Irish Bank Resolution Corporation (in Special Liquidation), partly on the grounds of delay

    On 19 October 2020, the High Court refused an application seeking leave to issue proceedings against IBRC, brought pursuant to section 6 of the Irish Bank Resolution Corporation Act 2013.

    Disputes
  • Article

    Upcoming changes to the Market Abuse Regulation

    Changes to the Market Abuse Regulation (MAR) are coming into effect on 1 January 2021. These changes are a result of the Regulation on SME Growth Markets (the Regulation), which came into force on 31 December 2019.

    Corporate & M&A
  • Article

    High Court overturns decision of FSPO on basis of “serious and significant errors of law”

    On 10 November 2020, the High Court overturned a decision of the Financial Services and Pensions Ombudsman (the FSPO) following an appeal brought by an insurance provider, Utmost Paneurope DAC (Utmost), under section 64 of the Financial Services and Pensions Ombudsman Act 2017 (the FSPO Act). 

    Disputes
  • Article

    Irish Government establishes a new “Office to Promote Competition in the Insurance Market”

    The Irish Government has announced that it has established a new Government Office to promote competition in the insurance market in Ireland.  It is entitled the "Office to Promote Competition in the Insurance Market".

    EU, Competition & Procurement
  • Article

    Asset Management & Investment Funds: EU & International Developments - Dec 2020

    Money Market Funds, 4AMLD list of high-risk third countries

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds: Irish Practice Developments - Dec 2020

    Deadlines, CBI consultation on performance fees, deadline for ICAVs and Unit Trusts to file beneficial ownership information, CBI speech, CP86 and the location rule, CBI markets updates.

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds Q&A - Dec 2020

    Q&A of the month. What is the latest update on Brexit?

    Asset Management & Investment Funds