On the International Front we look at: ESMA Q&A's on AIFMD and UCITS; MiFID II; EMIR; CSDR; ESMA work; Benchmarks Regulation and AML / CTF
Asset Management & Investment FundsIn Irish practice developments we look at some approaching deadlines; Speeches by Michael D’Arcy and Michael Hodson; Central Bank Markets Update; Central Bank levy
Asset Management & Investment FundsIn Reilly & Personal Insolvency Acts 2012-2105 [2017] IEHC 558, Baker J, 5 October, 2017, the High Court held that applications to Court under Section 115A of the Personal Insolvency Acts 2012-2015 (the Acts), for approval of a Personal Insolvency Arrangement (PIA) despite its rejection by creditors, must be made by a Personal Insolvency Practitioner (PIP) and not by the Debtor themselves.
Restructuring & InsolvencyIn Goode Concrete v CRH PLC & ors [2017] IEHC 534, High Court, Barrett J, 7 September 2017, the Court ordered a confidentiality ring for discovery in proceedings which alleged a breach of competition law, by way of collusive tendering, concerted practices and/or abuse of a dominant position.
EU, Competition & ProcurementThe EU's European Banking Authority ("EBA") and European Medicines Agency ("EMA") are currently both located in the UK. As a result of Brexit, the two bodies will be looking for new homes. 21 EU Member States – representing 23 cities - have applied to house the bodies.
BrexitHR practitioners will be aware of the 'buzz' words connected to a disciplinary process triggered by allegations of misconduct: ensure there is a thorough investigation; operate a fair process; and reach a reasonable outcome.
Pensions & IncentivesThe Government has published its legislation programme for Autumn 2017. The programme lists priority legislation, legislation due to undergo pre-legislative scrutiny, and all other legislation it is working on. Listed below are the data protection, cyber-security and IP-related Bills coming down the track.
Privacy & Data SecurityThe Employment Appeal Tribunal (the EAT) has clarified the role Human Resources should play in disciplinary procedures.
BelfastThere has been an increase recently in coverage of the EU General Data Protection Regulation ("GDPR"). Regardless of what happens with Brexit, it will be coming into effect on 25 May 2018 and is the first major data protection reform in the past 20 years.
GDPRHome Secretary, Amber Rudd, has announced that the Home Office will recruit an extra 1,200 immigration caseworkers to help register the 3 million EU nationals currently living in the UK before the Brexit deadline.
BrexitBudget 2018 reflects the continued recovery in the Irish economy aimed at delivering the Government's long held objective of balancing the books, promoting fairness and providing for sustained improvements in people's lives. Whilst most measures announced have a purely domestic focus we have summarised below the more significant announcements from an international perspective.
TaxIn his budget speech on 10 October 2017, the Minister for Finance Paschal Donohoe announced that a new tax incentive is being introduced to facilitate the use of share-based remuneration by unquoted small and medium enterprise (SME) companies to attract key employees.
Corporate and M&A