Legal Updates & Insights: P1548 -A&L Goodbody LLP

Legal Updates & Insights

  • article

    Asset Management & Investment Funds: EU & International Developments - April 2018

    MMFR, GDPR, ESAs report on risks and vulnerabilities, a proposed directive to protect EU whistleblowers and AML/CTF.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments - April 2018

    Deadlines, Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2018, new CBI process for RIAIF RMPs and CBI on innovation and technology.

    Asset Management & Investment Funds
  • article

    Cheers! Ireland gets sweet deal on state aid

    The European Commission has approved, under the State Aid rules, Ireland's proposed "sugar tax" on sweetened water-based and juice-based beverages

    Brexit
  • article

    Key steps to prepare for new Anti-Corruption legislation

    New legislation has been passed by the Irish Parliament and will soon be commenced. Irish companies, particularly those doing business in high corruption risk countries, and companies operating in Ireland should be prepared.

    White Collar Crime
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    Amendments affecting beneficial ownership rules for Irish companies and trusts agreed by European Parliament

    The European Parliament has adopted a number of amendments to the proposed 5th Anti-Money Laundering Directive (5AMLD), which in turn will amend the 4th Anti-Money Laundering Directive (4AMLD) in relation to the beneficial ownership of companies and trusts.

    Corporate and M&A
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    Professional Negligence Claim Fails Where High Court Unilaterally Raises Issue of Ilegality

    ​In English v O'Driscoll [2016] IEHC 584 the plaintiff sued a firm of accountants for professional negligence. Without the issue being raised by either party, the trial judge held that the underlying investment scheme was illegal and accordingly, he could not hold that there was professional negligence in such circumstances. The case raises interesting questions regarding the scope of judicial...

    Disputes
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    Eight recent developments in Irish Competition / Antitrust Law

    As of 9 April 2018, there had been 27 merger deals notified to Ireland's Competition and Consumer Protection Commission ("CCPC") which is up 42% from the 19 notifications as of the same date last year.  This increase is following a pattern of sustained increases, for example, there had been 72 notifications across the whole of 2017 which was an increase on 2016's total of 67.

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    Financial Services Regulation & Compliance - Cross Sectoral March 2018

    On the domestic front, the Central Bank released an analysis of applications for regulatory approval for senior financial roles and the Consumer Protection (Regulation of Credit Servicing Firms) (Amendment) Bill 2018, which contains a new licensing requirement for carrying on the business of a "credit agreement owner", entered the first stage of the legislative process. On the European front,...

    Financial Regulation
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    Financial Services Regulation & Compliance - Investment Firms March 2018

    From a domestic perspective, the Central Bank published Version 7.0 of its Operational and Technical Arrangements for submitting transaction reports to the CBI under MiFIR. On the european front, ESMA has issued an update to its Q&A on practical questions regarding EMIR. It also published trading volumes and calculations regarding the double volume cap (DVC) under the Markets in Financial...

    Financial Regulation
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    Financial Services Regulation & Compliance - Insurance March 2018

    On the domestic front, the Department of Finance published its Feedback Statement on transposing the Insurance Distribution Directive and the Central Bank of Ireland published: "Insurance Quarterly". On the European front, a Directive to delay the application of the Insurance Distribution Directive was adopted; EIOPA published a second paper on systemic risk and the EU Commission delivered a....

    Financial Regulation
  • article

    Financial Services Regulation & Compliance - Funds March 2018

    On the domestic front, the Central Bank updated its authorisation requirements for UCITS ManCos, UCITS SMICs, AIFMs and MiFID Firms. From a European perspective, the Central Bank issued Consultation (CP119) on amendments to (and consolidation of) the Central Bank UCITS Regulations. From a European perspective, the European Commission published proposals intended to boost the cross-border market..

    Financial Regulation
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    Financial Services Regulation & Compliance - Banking March 2018

    It has been a relatively quiet month on the domestic front. The Central Bank issued Issue 5 of its Markets updates in 2018 as well as updating its notes on compilation which set out statistical reporting requirements for credit institutions reporting the Credit/Debit Card Return (CDR). From a European perspective it was much busier with the EBA and ECB releasing multiple publications including...

    Financial Regulation