Legal Updates & Insights: P1824 -A&L Goodbody LLP

Legal Updates & Insights

  • Article

    Article 29 Working Party Opinion on Data Processing at Work

    The Article 29 Working Party (WP29) has recently provided its Opinion 2/2017 on data processing at work.

    Commercial & Technology
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Central Bank publishes Macro-Financial Review; Central Bank publishes Insurance Quarterly Newsletter. On the EU Front: EIOPA publishes Annual Report for 2016; EIOPA publishes Supervisory Assessment of the Own Risk and Solvency Assessment.

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: Central Bank publishes discussion paper on the Consumer Protection Code and the Digitalisation of Financial Services. On the EU Front: ESMA publishes its Annual Report for 2016; ESAs publish final guidelines on the factors to be considered when carrying out Simplified and Enhanced Customer Due Diligence to assess Money Laundering and Terrorist Financing Risks; ECB announces

    Financial Regulation
  • article

    Guide to Initial Public Offerings 2017 - Ireland July 2017

    Matthew Cole (Corporate and M&A Partner) provides an overview of the process, regulatory architecture, public company responsibilities and risks in relation to IPOs in Ireland.

    Capital Markets - Equity
  • Article

    Welcome Development in Irish Companies Act for Aircraft Leasing

    Under the Companies Act 2014 (the 2014 Act), Irish private limited companies may be incorporated as either a company limited by shares (CLS) or a designated activity company (DAC). The Companies (Accounting) Act 2017 (the Accounting Act) which came into force on 2 June 2017 included welcome amendments to the 2014 Act which impact the aircraft leasing community and the use of Designated Activity Companies for aircraft finance and leasing transactions. Prior to the Accounting Act, a company entering into the business of finance leasing needed to be a DAC entity rather than a CLS.

    Aviation & Transport Finance
  • 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