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Legal Updates & Insights

  • 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
  • Article

    Just how “fair” do employee investigations need to be? A new High Court case to be aware of

    Conducting a fair investigation can be a legal minefield for many employers and a recent High Court decision (Michael Lyons v Longford Westmeath Education and Training Board) has gone a step further, seemingly adding to employees' procedural armoury! The Court held that where one outcome of an investigation was potential dismissal or an adverse impact on the employee's reputation, the employee has

    Pensions & Incentives
  • Article

    Court Analyses Approach to Election between Damages and Loss of Profits in Comparative Advertising Case

    In Aldi Stores v Dunnes Stores [2016] IEHC 256, the High Court refused to order Aldi to elect between a claim in damages and an account of profits prior to a damages trial. The application arose in circumstances where Dunnes had been previously found to have engaged in misleading comparative advertising and infringed Aldi's trademarks.

    Disputes
  • article

    Companies (Accounting) Act 2017 (other than Section 80) is in force: Your Guide to the Highlights

    The Companies (Accounting) Bill was signed by the President on 17 May 2017, and is accordingly the Companies (Accounting) Act 2017 (the Accounting Act). Almost all of its provisions came into force pursuant to a commencement order signed by the Minister for Jobs, Enterprise and Innovation (DJEI) on 2 June 2017 and published on 6 June 2017 (the First Commencement Order).

    Companies Act
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Companies (Accounting) Act 2017 will come into operation on 9 June 2017; Central Bank publishes AIFMD Q&As and UCITS Q&As. On the EU Front: ESMA publishes principles on supervisory approach to relocations from the UK; European Council adopts the Money Market Fund Regulation

    Asset Management & Investment Funds