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Legal Updates & Insights

  • article

    Financial Services Regulation and Compliance - Banking August 2022

    In domestic news, on 24 August 2022, the CBI announced that the countercyclical capital buffer (CCyB) rate on Irish exposures is to be maintained at 0.5%. The 0.5% rate will take effect in June 2023.

    Finance
  • article

    New registration requirement for overseas companies owning UK property

    The United Kingdom's Economic Crime (Transparency and Enforcement) Act 2022 (ECA) came into force on 1 August 2022 (see our previous article).

    Corporate Governance & Compliance
  • publication

    Foreign direct investment screening in Ireland – key features of the Screening of Third Country Investments Bill 2022

    The landscape of foreign direct investment (FDI) into Ireland will be changed significantly by the Screening of Third Country Investments Bill 2022 (the Bill), which introduces an investment screening mechanism in Ireland for the first time.

    Corporate & M&A
  • article

    European Commission adopts Second Report on the EU Foreign Direct Investment Regime

    The European Union (EU) has been developing a sophisticated Foreign Direct Investment (FDI) screening regime. This FDI screening regime revolves around Regulation 2019/452.

    EU, Competition & Procurement
  • article

    Gambling Regulatory Authority of Ireland (GRAI): The appointment of the CEO Designate

    On Thursday 8 September 2022, the Minister of State with responsibility for Law Reform, James Browne TD, announced the appointment of Anne Marie Caulfield as the new Chief Executive Officer (CEO) Designate of the Gambling Regulatory Authority of Ireland (GRAI). In this announcement, Mr Browne noted that the early appointment of the CEO will ensure that there is no delay in the new regulator becomi

    Betting, Gaming & Licensing
  • article

    Director failed to satisfy the court that he acted responsibly

    In the case of Fennell v Appelbe, a director of an insolvent company appealed a restriction order made against him by the High Court, which prevented him from acting as a director for five years.

    Corporate & M&A
  • article

    High Court: “Time and Cents” spent on furnishing Replies to Particulars of key importance in complex proceedings

    The High Court (Mr. Justice Barrett) has recently delivered judgment in National Truck Rental Company Ltd v Man Importers Ireland Ltd & Ors1 (the National Trucks Judgment) .

    Disputes
  • article

    Collateral Warranties and the Construction Contracts Act 2013

    In the recent decision of Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP[1], the English Court of Appeal has provided further guidance on whether a collateral warranty constitutes a 'construction contract.' If a collateral warranty is a construction contract then disputes thereunder come within the adjudication regime.

    Construction
  • article

    Asset Management & Investment Funds: EU & International Developments – August 2022

    SFDR RTS, PAIs under SFDR, ESMA Q&As on UCITS & AIFMD, AML and environmental crime.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments – August 2022

    CBI's Beneficial Ownership Register for CFVs - PPSNs, Whistleblowing, SEAR, IMF recommendations to CBI.

    Asset Management & Investment Funds
  • publication

    Director exits - Are you prepared?

    In an ideal world, all companies will have a perfect and mutually beneficial relationship with their directors. Circumstances may develop however over time, which can lead to a company seeking to remove a director from office.

    Belfast
  • article

    Financial Services Regulation and Compliance - Funds July 2022

    In domestic news, the CBI set out its expectations for funds required to disclose under the EU Taxonomy Regulation. This approach will apply until 1 January 2023, when the Sustainable Finance Disclosure Regulation Level 2 template disclosures come into force.

    Asset Management & Investment Funds