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Legal Updates & Insights

  • Central Bank proposals for new Pre-Approval Controlled Functions
    Article

    Central Bank proposals for new Pre-Approval Controlled Functions

    On 25 February 2020 the Central Bank published a 'Notice of Intention' which proposed the addition of a number of new roles to the list of pre-approval controlled functions (PCFs) under the Central Bank's Fitness and Probity Regime.

    Asset Management & Investment Funds
  • Confidentiality Rings Upheld: Goode Concrete v CRH [2017] IEHC 534
    Article

    Confidentiality Rings Upheld: Goode Concrete v CRH [2017] IEHC 534

    The Court of Appeal has upheld a High Court decision in Goode Concrete V CRH PLC & Ors [2017] IEHC 534 in relation to the concept and permissibility of "Confidentiality Rings" in Irish Law.

    Disputes
  • Package Travel and Linked Travel Arrangements Directive
    Article

    Package Travel and Linked Travel Arrangements Directive

    The Commission for Aviation Regulation (CAR) has published a report recommending changes to the rules governing insolvency protection for package travel 'organisers' and 'linked travel arrangement' (LTA) facilitators established in Ireland.

    EU, Competition & Procurement
  • The need to exercise ‘caution’ when engaging with regulatory investigators
    Article

    The need to exercise ‘caution’ when engaging with regulatory investigators

    A recent High Court decision in Health Products Regulatory Authority v Anne Rossi has confirmed that regulatory authorities can interview suspects on a voluntary cautioned basis, without being required to invoke any specific statutory powers.

    Disputes
  • Beneficial Ownership filings for ICAVs and Unit Trusts
    Article

    Beneficial Ownership filings for ICAVs and Unit Trusts

    The Central Bank of Ireland (CBI) have confirmed that they will be responsible for establishing the Central Beneficial Ownership Register in respect of ICAVs and Unit Trusts.

    Asset Management & Investment Funds
  • Article

    Financial Services Regulation and Compliance - Insurance Feb 2020

    Domestically, the CBI proposes new Pre-Approval Control Functions roles; At European level OJ publishes Commission implementing Regulation on the calculation of technical provisions and basic own funds in Q1 2020

    Finance
  • Article

    Financial Services Regulation and Compliance - Funds Feb 2020

    Domestically, the CBI issued a detailed UCITS liquidity questionnaire to certain Irish UCITS fund management companies and Irish UCITS for completion in March 2020; At European level ESMA published its Strategy on Sustainable Finance.

    Finance
  • Article

    Financial Services Regulation and Compliance - General Cross Sectoral Feb 2020

    Domestically, Central Bank of Ireland Governor, Gabriel Makhlouf delivered a speech at the Financial Forum in Dublin in which he discussed the changes of the past decade and the potential challenges for the decade ahead.; At European level the EBA has released a report calling for greater diversity on institutions' boards

    Finance
  • Article

    Financial Services Regulation and Compliance - Investment Firms Feb 2020

    Domestically, the Central Bank has published its first edition of Questions and Answers on EMIR and has published a 'Dear CEO' letter on Securities Market Conduct Risk; At European level the European Commission has launched a review of MiFID II.

    Finance
  • Article

    Financial Services Regulation and Compliance - Banking Feb 2020

    Domestically, the Central Bank has delivered speeches on the topics of diversity at Board level and the role of Central Banks in shaping public policy; At European level the Central Bank has launched a public consultation on its guide to assessing CRR.

    Finance
  • Overview of Equity Awards via Clog
    Article

    Overview of Equity Awards via Clog

    A restricted share or “clog” arrangement provides a tax efficient means of rewarding employees who receive free or discounted shares from their employer. Normally, the value of the shares (or the discount) is a taxable benefit in kind giving rise to income tax, USC and employee PRSI.

    Commercial Contracts
  • Coronavirus - Essential update for employers: “No room for complacency or panic”
    Article

    Coronavirus - Essential update for employers: “No room for complacency or panic”

    Consideration of what employers need to do as the incidents of coronavirus (Covid-19A) appear across the world is fast changing and under constant review. Ireland is no different.

    Employment