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Legal Updates & Insights

  • Article

    Financial Services Regulation and Compliance - Funds May 2020

    Domestically, the CBI has published issue 5 2020 of its markets update; At European level, the ESRB has published a recommendation on liquidity risks in investment funds and the use of liquidity management tools and ESMA has published a statement supporting the ESRB recommendation. ESMA has published a statement on half-yearly financial reporting.

    Financial Regulation
  • Article

    Financial Services Regulation and Compliance - General Cross Sectoral May 2020

    Domestically, the CBI has published its Annual Report & Annual Performance Statement for 2019 and its Gender Pay Gap Report 2020; At European level, the European Commission has further expanded the State Aid Temporary Framework adopted in March, and has launched a new action plan on money laundering / terrorist financing.

    Financial Regulation
  • Article

    Financial Services Regulation and Compliance - Investment Firms May 2020

    Domestically, the CBI updated the regulatory flexibility measures it had adopted in response to COVID-19; At European level, ESMA has issued a public statement reminding firms of their conduct of business obligations under MiFID II; launched a consultation on SME Growth Markets; and called for transparency on COVID-19 effects in half-yearly financial reports.

    Financial Regulation
  • Article

    Financial Services Regulation and Compliance - Banking May 2020

    Domestically, the CBI updated the regulatory flexibility measures it had adopted in response to COVID-19. The CBI has also published research on the impact of COVID-19 on credit conditions; At European level, the ECB has introduced changes to the conditions of targeted longer-term refinancing operations and new non-targeted pandemic emergency longer-term refinancing operations.

    Financial Regulation
  • Article

    The European Commission’s proposal for a new competition tool in the digital age

    On 2 June 2020, the European Commission (Commission) launched a public consultation on the need for a possible new EU competition tool through the use of remedies to address evolving structural competition issues in areas such as digital markets.

    EU, Competition & Procurement
  • COVID-19 and Irish Merger Control – The “Failing Firm” Defence
    Article

    COVID-19 and Irish Merger Control – The “Failing Firm” Defence

    With COVID-19 and its effect on the Irish (and wider global) economy, firms are experiencing significant economic challenges. As a result, stronger firms may become well-positioned to acquire ailing firms.

    COVID-19
  • publication

    Irish Investment Funds - business in a pandemic

    Regulated funds and fund service providers established in Ireland have been operating under business continuity measures for over two months now.

    Asset Management & Investment Funds
  • Article

    EBA Report on the Cum-Ex dividend arbitrage controversy

    Banks, brokers and private wealth managers (and their Compliance Officers and PCFs) should take note of the report recently published by the European Banking Authority (EBA) following its inquiry into dividend arbitrage trading schemes.

    Disputes
  • Article

    Belgian DPA issues €50,000 fine for DPO’s conflicting company roles

    The Belgian Data Protection Authority (Belgian DPA) recently imposed a €50,000 fine on a large telecommunications operator (the company), for failing to comply with the GDPR in relation to the appointment of their Data Protection Officer (DPO).

    Commercial & Technology
  • Article

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

    Liquidity risks and tools, ESG, ESMA on half yearly reporting, conduct of business obligations and risk dashboard, FSB cyber consultation, DAC6, AML/CTF. ESMA consultation on guidelines on outsourcing to cloud service providers.

    Asset Management & Investment Funds
  • Article

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

    CBI Markets Update, Financial Crime Risk.

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds Q&A - May 2020

    Q&A of the month. Over two months into the COVID-19 pandemic, what have we learned about the governance, contingency planning and risk issues for regulated investment funds and regulated financial service providers established in Ireland?

    Asset Management & Investment Funds