Dec 2017

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The Central Bank of Ireland (CBI) has published an Anti-Money Laundering Bulletin addressing Section 33(8) of the Criminal Justice (Money Laundering and Terrorist Financing) Act, 2010 (CJA). The Bulletin outlines the types of steps firms may take to comply with Section 33(8) (a) and (b) and separately addresses CDD measures in relation to new and existing customers.

Dec 2017

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The European Commission issued a press release which includes a factsheet and which states that the Council of the EU and the European Parliament have reached political agreement on the proposed 5AMLD.

Dec 2017

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On 7 December 2017 the Government published the long awaited Employment (Miscellaneous Provisions) Bill 2017. The Bill is designed to tackle some of the difficulties caused by the increasing casualisation of work and use of zero hours' contracts. It also aims to provide greater certainty to employees with precarious working conditions.

Dec 2017

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This Act will come into force from 1 January 2018 and will increase obligations to consider mediation for dispute resolution.

Dec 2017

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The Financial Services and Pensions Ombudsman Act 2017 which amalgamates the Financial Services Ombudsman and the Pensions Authority into an Office of the Financial Services and Pensions Ombudsman (FSPO) is due to come into force on 1 January 2018.

Dec 2017

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In Susquehanna International Group Ltd v Needham [2017] IEHC 706, Baker J in the High Court considered the novel question of whether a court should order a person to make discovery of documents that they could obtain on foot of a data access request.

Dec 2017

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The UK Corporate Governance Code (the Code) is undergoing a review by the Financial Regulatory Council (FRC) in the UK.  A consultation process was announced by the FRC on 5 December, with a view to making changes to the Code to reflect the changing business environment in the UK.

Dec 2017

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This month alert warnings have been issued by ESMA on the high risks associated with initial coin offerings while in Ireland the Central Bank has consulted on the rules concerning the payment of commission and other inducements to intermediaries.

Dec 2017

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At a domestic level, it has been another relatively quiet month for investment firms. The Central Bank has outlined the reporting requirements for IIA Non-Retail Investment Business Firms and also provided feedback on CP111. From a European perspective, MiFID and MiFIR related activity continue to dominate with ESMA issuing a number of updates to its Q&A's on both pieces of legislation.

Dec 2017

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On the Domestic front the Central Bank proposes new rules in intermediary inducements, consults on the approach to third-country branches and proposes new insurance renewal requirements. At a European level, EIOPA consults on second set of advice on the Solvency II Delegated Regulation.