Regulatory Risk & Investigations
Our Regulatory Risks and Investigations Group is the first dedicated team in Ireland to combine technical specialist lawyers in Financial Services Regulation with a core team of Contentious Regulatory litigators providing a holistic approach to all financial regulatory issues.
Focusing on the Financial Services sphere, the Group has a deep and broad expertise in engaging with the Central Bank of Ireland from the establishment of new entities to all aspects of regulatory requirements and compliance, as well as enquiries, investigations and enforcement by the Central Bank.
Our single team of dedicated advisory and contentious financial services lawyers provides a comprehensive response to business critical regulatory issues including:
- Technical standards: advising on establishment and authorisation, prudential requirements and supervisory engagements and conduct of business requirements;
- Compliance: preparing or assessing policies and procedures, advising on legislative change and best practice to give internal audit, legal and compliance teams, senior management and boards assurance that their business meets all regulatory requirements and expectations;
- Regulatory investigations: responding to all enquiries raised by the Central Bank across its broad statutory powers including in ‘themed inspections’ and advising in relation to ‘skilled persons reports’;
- Regulatory enforcement: representing regulated firms in administrative sanctions processes initiated by the Central Bank; and
- Litigation and complaints: defending regulated firms in civil claims relating to regulatory breaches including before the High Court and Financial Services Ombudsman.
We recognise that it is critical for you to understand the applicable regulatory provisions and standards, the scope and purpose of regulators’ powers and the key strategic issues that arise in engaging with the authorities to ensure the best outcome for your business.
We understand that as a regulated firm you are required to comply not just with legal and regulatory requirements but also with regulators' and customers' expectations as to how your business should engage with them.
By combining advisory and contentious financial services lawyers on a day to day basis we provide a cutting edge approach to compliance, risk management and defence.
- Focused technical expertise: Our Financial Regulatory technical experts advise on all aspects of establishment, regulation, compliance, including authorisation requirements and applications, perimeter issues, ongoing regulatory requirements and practical issues on implementing compliance programmes.
- Strategic and forensic approach: Our Contentious Regulatory litigators regularly advise on risk management, conduct forensic investigations, recommend strategies for approaching the Central Bank and other key regulators should any regulatory compliance concerns arise, defend clients in enforcement and prosecution scenarios and manage the risks of related civil proceedings and complaints.
- Collaboration and experience: Our advisory and contentious experts work alongside members of our Fraud and White Collar Crime team with broad experience of fraud investigations, the defence of criminal prosecutions and corporate fraud & asset tracing. We also work seamlessly with specialists in our Banking & Finance, Asset Management & Investment Funds, Insurance & Reinsurance, Corporate Transactions and Litigation and Dispute Resolution Groups.
Our dedicated financial services team also draws on our experience in dealing not only with the Central Bank of Ireland but also the Data Protection Commissioner, Garda National Economic Crime Bureau, Revenue Commissioners, Criminal Assets Bureau, Irish Stock Exchange and Competition Authority.
Establishing new regulated firms
Regulatory change & compliance programmes
Central Bank 'Themed Inspections' and 'Skilled Persons' reports
Central Bank Administrative Sanctions Regime
Complaints and litigation