Peter Walker, Partner, and Sinéad O'Connor, Partner in the Finance Department provide an Irish legal guide to securitisations. They review areas of interest such as asset sales, special rules, insolvency laws, security issues, regulatory issues, taxation and Choice of Law – receivable contracts and receivables purchase agreements.
Capital Markets - DebtS.I. No. 230 of 2019, Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Undertakings for Collective Investment in Transferable Securities) Regulations 2019 (the Central Bank UCITS Regulations) are effective from 27 May 2019 with some transitional provisions.
Asset Management & Investment FundsHas there been a change recently to the list of jurisdictions from which investment companies can re-domicile to Ireland?
Asset Management & Investment FundsIrish Practice. EMIR Refit deadline, Central Register of Beneficial Ownership, Central Bank Speeches, FATCA and DAC2-CRS.
Asset Management & Investment FundsESG amendments to the UCITS Directive and AIFMD, Shareholders' Rights Directive, ESMA speeches and newsletter, Brexit and TPR, EU Legislative Proposals, Foreign Direct Investment screening, AML/ CFT.
Asset Management & Investment FundsWhen it comes to what the post-Brexit landscape will look like for employers with British employees on Irish soil (and vice versa), the question of immigration status remains high on the agenda.
BrexitIn Nolan v Sunday Newspapers Ltd [2019] IECA 141, Peart J. found for the court that the High Court (O'Connor J sitting without a jury) had been correct in holding that two publications by the defendant were defamatory, in that they had given the impression that the plaintiff was 'a principal organiser of orgies in the State with a lurking undertone of criminality'.
DisputesSRD II contains transparency provisions which are applicable specifically to AIFMs, UCITS ManCos and SMICs.
Asset Management & Investment FundsIreland has unique mandatory reporting laws. These laws require individuals/entities to report to the authorities certain information concerning third parties' involvement in certain crimes, including 'white collar' crimes, unless they have a 'reasonable excuse' for not doing so.
DisputesLast week the European Court of Justice (the CJEU) delivered a significant judgment that all employers need to be aware of. In short, the CJEU held that employers must have a suitable system in place to ensure they are recording employees' daily and weekly working hours. As Ireland's working time legislation already requires employers to keep such records, this case may not have the...
EmploymentIn Ocean Point Development Company Ltd. (in receivership) v. Patterson Bannon Architects Ltd & ors [2019] IEHC 311 the High Court held that a dispute between property development company and a construction company was a matter for arbitration and not for the High Court where both parties had agreed to be bound by an arbitration clause in their contract. This was despite a previous summary judg...
DisputesIn December 2018 the Central Bank published a consultation exercise on revised AML/CTF guidelines (the Guidelines) for the financial sector. The Guidelines set out the expectations of the Central Bank regarding the factors that firms should take into account when identifying, assessing and managing ML/TF risks. The consultation exercise ended on 5 April 2019. Submissions on the draft Guideli...
