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Legal Updates & Insights

  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Central Bank Markets Update; updated AIF Rulebook, AIFMD Q&A, Feedback statement on CP86, Guidance for Fund Management Companies, Revised UCITS Guidance - Central Bank Report on Anti-Money Laundering, Countering the Financing of Terrorism and Financial Sanctions Compliance in the Irish Funds Sector

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Central Bank consults on Investment Firm Regulations 2015 - Central Bank publishes findings of thematic review of CFDs On the International Front: Items including the following - EU Commission adopts equivalence decisions for CCPs - ESMA publishes a consultation paper on indirect clearing arrangements under EMIR and MiFIR

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Minister for Finance publishes EU (Deposit Guarantee Schemes) Regulations 2015 - Central Bank proposes additional consumer protection measures for variable rate mortgage holders - Minister for Finance responds to SSM approval for AIB’s proposed capital reorganisation measures

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Solvency II transposed into Irish law; CBI - proposed requirements on Domestic Actuarial Regime and Head of Actuarial Function; CBI - Corporate Governance Code for Insurance Undertakings; CBI Policy Notice on Ring Fenced Funds under Solvency II Gill Russell v HSE - Court of Appeal Judgment.

    Financial Regulation
  • Article

    Central Bank News; Consultation on Amendments to the AIF Rulebook (CP99), Reporting Guidance for AIFMs, Markets update and AML/CTF briefing

    Central Bank News; Consultation on Amendments to the AIF Rulebook (CP99), Reporting Guidance for AIFMs, Markets update and AML/CTF briefing.

    Asset Management & Investment Funds
  • Article

    Issue of unreasonable withholding of consent to assignment considered by the Commercial Court

    In its recent decision in the case of Perfect Pies Limited (in receivership) and Pearse Farrell v Chupn Limited [2015] 11 JIC 0607, the Commercial Court has considered the difficult question of the unreasonable withholding of consent to the assignment of a commercial lease.

    Commercial Property
  • Article

    Dolores McGrath v Danske Bank and M McGrath & J McGrath (as Notice Parties) [2015] IEHC 712

    This case concerns the construction of a contract of guarantee which was executed by the Plaintiff in favour of Danske Bank in respect of borrowings of the Plaintiff's husband and son.

    Finance
  • Article

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

    On the International Front, we look at the SFT Regulation, a Consultation on KIDs for PRIIPS, the Capital Markets Union and an IOSCO report on standards for custody of collective investment scheme assets.

    Asset Management & Investment Funds
  • Article

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

    On the Domestic Front we look at upcoming Deadlines, updated AIF Rulebook, Fund Management Company Guidance, UCITS Guidance, Common Reporting Standard, Central Bank Report on AML/CFT and Financial Sanctions Compliance in the Irish Funds Sector and FRS 102.

    Asset Management & Investment Funds
  • Article

    Iranian Sanctions: Opportunities and Risks

    We briefly outline some opportunities and risks associated with the imminent relaxation of sanctions against Iran. We provide general tips for dealing in countries or with entities that may be subject to sanctions.

    Disputes
  • Article

    Countering Money Laundering & Terrorist Financing in Gambling - A missed opportunity for Ireland?

    With the increased, Europe-wide focus on countering money laundering and terrorist financing in recent years, it is an anomaly that Irish anti-money laundering and anti-terrorist financing laws have not to date been extended to cover land-based or online bookmakers or gaming operators

    Betting, Gaming & Licensing
  • Article

    Requirements for a binding contract for sale of land considered in Maloney v O’Connor 2015 IEHC 678

    In this unusual case the High Court considered the enforceability of a contract for the sale of land to a construction company now in receivership, with much of the argument surrounding whether there was in fact a sufficient note or memorandum in writing for the purposes of the Statute of Frauds (Ireland) 1695.

    Commercial Property