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Legal Updates & Insights

  • Article

    High Court declares certain dispositions after commencement of winding up void

    In MB Refrigeration and Air Conditioning Ltd (In Liquidation) v Allied Irish Banks Plc [2016] IEHC 753, High Court, Barrett J, 21 December 2016, the Liquidator of the plaintiff company sought a declaration that certain transactions between 13 August 2013 and 4 October 2013 on a particular AIB account, constituted dispositions of the property of the plaintiff made after the commencement of its wind

    Disputes
  • Article

    Ireland - Aviation Outlook for 2017

    Ireland leads the way as an aircraft leasing jurisdiction and new developments for 2017 will further strengthen Ireland’s position. Ireland is already one of the most popular jurisdictions for aircraft leasing due largely to the fact that Ireland’s fiscal regime offers substantial advantages to the aircraft leasing industry

    Aviation & Transport Finance
  • Article

    Ireland - Aviation Outlook for 2017

    Ireland leads the way as an aircraft leasing jurisdiction and new developments for 2017 will further strengthen Ireland’s position. Ireland is already one of the most popular jurisdictions for aircraft leasing due largely to the fact that Ireland’s fiscal regime offers substantial advantages to the aircraft leasing industry.

    Investing in Ireland
  • Article

    Regulatory Update: Senior Managers and Certification Regime

    2016 was certainly a year to remember in the financial services sector. With the implementation of the Senior Managers and Certification Regime (SM&CR) which came into effect in March 2016, financial institutions will no doubt be aware of the shift of responsibility from regulatory bodies to corporate organisations and; ultimately, to individuals in their personal capacity holding senior....

    Belfast
  • Article

    Action against Ireland for Failure to implement Concessions Directive

    On 8 December the European Commission sent a reasoned opinion to Ireland and 14 other Member States requesting them to fully transpose one or more of the three new directives on public procurement and concessions into national law (Directives 2014/23/EC, 2014/24/EC and 2014/25/EC).

    EU, Competition & Procurement
  • Article

    A Snapshot of Irish M&A

    Alan Casey, Resident Partner, New York provides an overview of the key factors that have been driving Ireland's M&A market and outlines future prospects for M&A activity.

    Corporate & M&A
  • Article

    Investment via Insurance Bond not an Insurance Contract

    In Governey v Financial Services Ombudsman [2016] IESC 78, Supreme Court, 21 December 2016 the Supreme Court considered whether an investment, made by Mr Governey in 2006 in "the Kennet Centre Geared Property Fund" (the Fund) was in fact an insurance contract.

    Disputes
  • Article

    CP86 Update

    The Central Bank of Ireland (Central Bank) issued its guidance for fund management companies on managerial functions, operational issues and procedural matters which includes new rules for fund management companies on an effective supervision requirement and on the retrievability of records.

    Asset Management & Investment Funds
  • Article

    Whatever about Brexit…Irexit is Unlikely Anytime Soon

    The EU conducts regular surveys of attitudes among the 500 million people across the Union. This is the so-called Standard Eurobarometer poll.

    Brexit
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: Central Bank publishes results of its themed review of risk function; Central Bank publishes Report on Mortgage Arrears

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Irish domiciled Investment Managers can apply to invest directly in Chinese securities. On the EU Front: ESMA publishes an updated Q&A on the application of the Alternative Investment Fund Managers Directive; ESMA updates MiFID II and MiFIR Q&A on investor protection

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Central Bank publishes Guidance on Fund Management Company Effectiveness, Feedback Statement and Updated Q&As; Central Bank publishes the 22nd edition of the AIFMD Q&A; Central Bank publishes the 15th edition of the UCITS Q&A. On the EU Front: ESMA publishes an updated Q&A on the application of the AIFMD.

    Financial Regulation