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Legal Updates & Insights

  • Article

    NI Companies Required to Disclose Details of Persons with Significant Control

    Recent legislative changes mean that with effect from January 2016 every UK private and public company (subject to certain exemptions in the case of public limited companies) will be required to maintain a register of persons having significant control of the company (a PSC register). Whilst not currently the case, it is expected that the requirement to create and maintain a PSC register will be

    Belfast
  • Article

    Consultation on corporate tax transparency launched by the European Commission

    The European Commission (EC) has launched a public consultation on the issue of corporate tax transparency in the EU. The objective of the consultation is to establish whether requiring companies to disclose more information about the taxes they pay could highlight and help tackle tax avoidance and aggressive tax practices within the EU. One of the proposed initiatives is that companies could be r

    Tax
  • Article

    Suspension - New caselaw on the thorny question - to suspend or not?

    A recent High Court decision, where the reinstatement of an employee was ordered after five years out of the business, should ring alarm bells for employers who are considering imposing a "holding suspension" on employees. Tread carefully, check your facts and seek advice are the learning points from the latest judicial guidance on this tricky issue.

    Pensions & Incentives
  • Article

    High Court Awards Damages for Breach of Oral Contract

    In Hennigan v Roadstone Wood Ltd [2015] IEHC 326, the High Court awarded a Plaintiff damages for breach of contract and misrepresentation despite the fact that the contract was not recorded in writing. The case illustrates the importance of producing strong corroborative evidence in proving the existence of an oral agreement.

    Disputes
  • Article

    Important judgement on the relationship between EU and International Law: MSC Orchestra and sulphur emissions

    An issue of key concern to the shipping community is whether EU law prevails over international treaty law (in particular, treaties in the maritime sector).

    EU, Competition & Procurement
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: The Companies Act 2014 comes into effect. Irish Stock Exchange (ISE) launched its new online application process for International Security Identification Numbers (ISINs). Minister for State, Simon Harris, promotes Ireland's FinTech sector.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Director of Market Supervision, Gareth Murphy, addresses the Irish Funds Annual Conference. The Central Bank publish a document for Fund Management Company Boards and a revised AIF Rulebook. And the Central Bank's Q&As for AIFMD and UCITS are updated

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Central Bank issues letter to industry following themed inspection of Client Categorisation for Investment Firms. On the International Front: European Supervisory Authorities (ESAs) consult on margin requirements for non-centrally cleared derivatives. European Securities and Markets Authority (ESMA) issues its Q1 risk dashboard for securities markets.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Central Bank identifies weaknesses in lenders’ compliance with the Code of Conduct on Mortgage Arrears. The IBRC Commission of Investigation's Terms of Reference are revised. Regulations providing for credit institutions' maintenance of accounts are introduced.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: New Regulations regarding insurers' financial statements are introduced. Central Bank publishes its findings from a themed review of the retail intermediary sector and its presentation to the Society of Actuaries' Solvency II Forum.

    Finance
  • Article

    EAT case highlighting employer’s obligations in absence management cases

    A recent determination from the Employment Appeals Tribunal provides a useful reminder of an employer's obligations when managing employees who are absent on sick leave.

    Pensions & Incentives
  • Article

    DPC’s Annual Report 2014 – What insights does it provide into regulation by the Irish DPC?

    As usual, the Data Protection Commissioner's Annual Report reveals some interesting trends, statistics and case-studies, and provides an insight into priority areas being pursued by the DPC.

    GDPR