Legal Updates & Insights: P1756 -A&L Goodbody LLP

Legal Updates & Insights

  • Article

    All Sums Guarantee Continued Where Facility Restructured

    In Allied Irish Banks Plc v McKeown & anor [2017] IEHC 363, the High Court (Costello J) granted orders for summary judgment, on the basis that the loans and guarantees were valid, and even if the defendants were to succeed in a counterclaim for overcharged interest, this would not be enough to set off the judgments awarded against them.

    Finance
  • Article

    Credit Reporting Act 2013 - Key Provisions Have Commenced

    Key provisions of the Credit Reporting Act 2013 (the CRA) have taken effect from 30 June 2017. Most lenders will then begin submitting information to the new Central Credit Register (the Register) operated by the Central Bank of Ireland (the Central Bank). The information collection will be implemented on a phased basis between 2017 and 2018, with an initial focus on collecting information relatin

    Financial Regulation
  • Article

    Clause allowing interest rates to be altered in accordance with market conditions clear and unambiguous

    The Court of Appeal in Millar & anor -v- Financial Services Ombudsman [2015] IECA, has held that a clause in Danske Bank's terms and conditions allowing them to alter rates in accordance with market conditions was clear and unambiguous and on the facts the Financial Services Ombudsman did not have to have regard to extrinsic evidence in reaching his conclusion.

    Disputes
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front we look at cross-border distribution and supervision of UCITS and AIFs, FinTech, ESMA product governance guidelines under MiFID II, ESMA Q&As on MiFID II and MiFIR investor protection, EuVECAs and EuSEFs, and Anti- Money Laundering/ Combating the Financing of Terror/ Corruption.

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: Irish Practice Developments

    In Irish practice developments: we look at some approaching deadlines; Revised Central Bank Guidance on Share Classes & updated Central Bank UCITS Q&A; Central Bank Markets Update; GoAML, Companies (Accounting) Act 2017, Speech by Derville Rowland, Central Bank Director of Enforcement, PEPPs, and FinTech.

    Asset Management & Investment Funds
  • Article

    The Front Page - Q&A: June 2017

    What is the current position in Ireland in respect of the transposition of the Fourth Anti Money-Laundering Directive (4AMLD)?

    Asset Management & Investment Funds
  • Article

    Is Brexit Reversible?

    Before the UK General Election, the country was experiencing a real momentum towards Brexit. Leaving the world's largest trading bloc was seen by most people as inevitable. Remainers chose silence or, at least, they did not articulate loudly the message of "Remain".

    Brexit
  • Article

    Update on the implementation of the Fourth Anti-Money Laundering Directive in Ireland

    The Fourth Anti-Money Laundering Directive (4 AMLD) (EU 2015/ 849) is due to be transposed by EU member states by 26 June 2017. Meanwhile proposals for a Fifth Anti-Money Laundering Directive (5 AMLD) which will amend 4 AMLD are at an advanced stage and are currently scheduled to be discussed by the EU Parliament on 23-26 October 2017.

    Corporate Governance & Compliance
  • Article

    Initial Public Offerings (IPO) Law Review - Ireland

    Matthew Cole and Sheena Doggett provide an overview of the IPO process in Ireland, addresses the regulatory and exchange requirements and presents key offering considerations.

    Capital Markets - Debt
  • Article

    High Court Considers Veto of Secured Lenders in Personal Insolvency Applications

    Baker J in the High Court has given three recent judgments in matters concerning Section 115A(9) of the Personal Insolvency Acts 2012 – 2015 (the Acts). This Section gives a Court power to review and approve a Personal Insolvency Application (PIA) rejected at a meeting of creditors.

    Restructuring & Insolvency
  • Article

    Priority Drafting of Legislation for Those on Low Hours/Insecure Contracts

    The Government recently announced its commitment to priority drafting of legislation to enhance protection for those on precarious working arrangements. In particular, it is designed to address those on low hours and insecure contracts.

    Employment
  • Article

    Let the Talks Begin

    Just as the Olympics open with the ritual words "let the Games begin...", so too the Brexit talks begin in Brussels today. The EU side is led by Michel Barnier who is the European Commisson's Chief Negotiator and an experienced EU Commissioner. The UK side is led by David Davis who is Secretary of State for Exiting the European Union and was tipped yesterday as the next leader of the Conservative

    Brexit