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Legal Updates & Insights

  • article

    Financial Services and Pensions Ombudsman Act 2017 to come into force on 1 January 2018

    The Financial Services and Pensions Ombudsman Act 2017 which amalgamates the Financial Services Ombudsman and the Pensions Authority into an Office of the Financial Services and Pensions Ombudsman (FSPO) is due to come into force on 1 January 2018.

    Finance
  • Article

    Court ordered defendant to make data access request in aid of discovery

    In Susquehanna International Group Ltd v Needham [2017] IEHC 706, Baker J in the High Court considered the novel question of whether a court should order a person to make discovery of documents that they could obtain on foot of a data access request.

    Commercial & Technology
  • Article

    UK Corporate Governance Code undergoes a review

    The UK Corporate Governance Code (the Code) is undergoing a review by the Financial Regulatory Council (FRC) in the UK.  A consultation process was announced by the FRC on 5 December, with a view to making changes to the Code to reflect the changing business environment in the UK.

    Corporate Governance & Compliance
  • Article

    Financial Services Regulation & Compliance - Cross Sectoral Nov 2017

    This month alert warnings have been issued by ESMA on the high risks associated with initial coin offerings while in Ireland the Central Bank has consulted on the rules concerning the payment of commission and other inducements to intermediaries.

    Financial Regulation
  • Article

    Financial Services Regulation & Compliance - Investment Firms Nov 2017

    At a domestic level, it has been another relatively quiet month for investment firms. The Central Bank has outlined the reporting requirements for IIA Non-Retail Investment Business Firms and also provided feedback on CP111. From a European perspective, MiFID and MiFIR related activity continue to dominate with ESMA issuing a number of updates to its Q&A's on both pieces of legislation.

    Financial Regulation
  • Article

    Financial Services Regulation & Compliance - Insurance Nov 2017

    On the Domestic front the Central Bank proposes new rules in intermediary inducements, consults on the approach to third-country branches and proposes new insurance renewal requirements. At a European level, EIOPA consults on second set of advice on the Solvency II Delegated Regulation.

    Financial Regulation
  • Article

    Financial Services Regulation & Compliance - Funds Nov 2017

    This update covers CBI updates of AIFMD and UCITS Q&As, CBI letter to industry on Brexit preparedness, ESMA updates of Q&As on AIFMD and UCITS, Money Market Funds,, EuVECAs and EuSEFs, ESMA work on charges and mutual fund returns, and IOSCO.

    Financial Regulation
  • Article

    Financial Services Regulation & Compliance - Banking Nov 2017

    This month the Commission and the ECB undertook its eighth post-programme surveillance mission to Ireland which highlighted that the Irish economy will continue to remain strong in the short term but risks do remain which are primarily linked to the outcome of the negotiations of Brexit and the increase of property prices.

    Financial Regulation
  • Article

    Brexit: Important Step Forward on Long Road

    Irish politicians and diplomats did a superb job at landing a very good Phase 1 Report on the Brexit talks.

    Brexit
  • Article

    ‘Sufficient progress’ made on Phase 1 of the Brexit Talks

    European Commission and UK report sufficient progress made on Phase 1 of the Brexit Talks

    Brexit
  • Article

    ‘Tis the season to apply fair procedures – a timely warning in advance of the Christmas party

    Here's a reminder to employers that their Christmas events are workplace events and that a reasonable investigation is necessary even where serious misconduct is admitted.  

    Employment
  • Article

    New factors to consider in deciding whether to report ‘white collar crime’

    A recent High Court decision indirectly calls into question the constitutionality of the current mandatory reporting requirement regarding information about 'white collar crimes' which may have been committed by other parties. We explain what this decision means for those who have such information.

    Disputes