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  • Article

    EMIR Update – Central Bank issues Statement to address upcoming EMIR Refit implementation issues

    The Central Bank issued a statement today in response to the European Securities and Markets Supervisory Authority (ESMA) statement on 31 January 2019 addressing EMIR Refit implementation.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Employment Law - Transfer Of Business To Or From Another Employer

    IrelandFinance and Banking
    A&L Goodbody
    A&L Goodbody
Article

Enforcing Security Without A Letter Of Demand – Ffrench O'Carroll v. Permanent TSB PLC And Others

A recent High Court judgement delivered by Ms. Justice Ní Faifeartaigh considered the question as to whether a lending bank had a contractual right to appoint a receiver over secured property without prior demand...
IrelandFinance and Banking
Dillon Eustace
Dillon Eustace
  • Article

    Enforcing Tainted Contracts

    Banks and other financial institutions operate in a highly regulated environment. Issues frequently arise where an institution has breached a regulatory requirement but seeks to enforce its contractual rights.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    ESMA Approves Co-Operation Agreements

    On 30 May 2013, The European Securities and Markets Authority announced it has approved co-operation agreements between 27 European Union Member State securities regulators who have supervisory responsibility for alternative investment funds.
    IrelandFinance and Banking
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    ESMA Issues Opinion On UCITS’ Investments Within 10% Ratio

    The European Securities and Markets Authority ("ESMA") has issued an opinion dated 20 November 2012 (the "Opinion") in the context of UCITS’ ability to invest up to 10% of net assets in transferable securities and money market instruments other than those traded on a regulated market, as referred to in Article 50(1) of the UCITS directive.
    IrelandFinance and Banking
    Matheson
    Matheson
  • Article

    ESMA Targets CASP Custody Resilience

    European securities regulators are launching a comprehensive assessment of crypto-asset service providers' digital operational resilience, with a particular focus on custody activities and distributed ledger technology risks. The exercise will examine how firms manage critical areas including key storage, transaction controls, incident response, and third-party dependencies under the newly enforceable Digital Operational Resilience Act.
    IrelandFinance and Banking
    William Fry LLP
    William Fry LLP
  • Article

    ESMA Updates AIFMD Q&A

    On 16 November 2016 ESMA published an updated Q&A on the application of AIFMD.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Establishing A UCITS Fund In Ireland - UCITS Structures

    A UCITS may be established in Ireland as a single fund or as an umbrella fund comprising one or more sub-funds, each with a different investment objective and policy. UCITS are typically established as umbrella funds and the segregation of liability between sub-funds is achieved either by law (as is the case for an investment company or ICAV) or by contract. Each sub-fund may comprise different classes of units or shares. Typically, classes of units or shares are issued to allow for different fee arrangemen
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Establishing A UCITS Management Company In Ireland - The Board, Designated Persons And Managerial Functions

    The board of a UCITS ManCo must comprise at least two Irish resident directors, of which one must be independent, and one director from the promoter organisation.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    European Commission Agrees To PRIIPs Delay

    In a welcome move, the European Commission (the "Commission") has agreed an extension to the date of application of the EU Regulation on Packaged Retail and Insurance-Based Investment Products.
    IrelandFinance and Banking
    William Fry LLP
    William Fry LLP
  • Article

    European Commission Work Programme 2012 - Funds-related Developments

    The European Commission has published a pre-final Work Programme for 2012.
    IrelandFinance and Banking
    Matheson
    Matheson
  • Article

    Exchange Traded Funds – Central Bank Feedback Statement On DP6

    The Central Bank today has published its feedback statement following the responses of stakeholders to its 2017 discussion paper.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Financial Services Ombudsman

    The Financial Services Ombudsman, William Prasifka, has published his office’s latest bi-annual review, covering the period from July to December 2012.
    IrelandFinance and Banking
    Matheson
    Matheson
  • Article

    Funds - Ireland - Quarterly Update Q1 | January – March 2018

    The other question on the PRIIPS Regulation confirms that UCITS are exempt from producing a PRIIPS KID until 31 December 2019.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    Funds Quarterly Legal And Regulatory Update (Q1) - Jan.- Mar. 2019

    On 29 March 2019, the European Securities and Markets Authority ("ESMA") published an updated questions and answers document ("Q&As") on the application of EU Directive 2009/65/EC
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    In The Frame – Accountability Framework Gets The Go-Ahead

    These proposals will be included in the Central Bank (Amendment) Bill 2019.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Individual Accountability Framework (IAF): Irish Conduct Standards Training

    The Individual Accountability Framework ("IAF"), introduced in December 2023 is one of the most significant regulatory developments in Ireland in recent years.
    IrelandFinance and Banking
    Walkers
    Walkers
  • Article

    Individual Accountability – CBI Consultation Published And Bill Enacted

    On 9 March 2023, the President of Ireland signed the Central Bank (Individual Accountability Framework) Bill 2022 (the "Bill") into law. See our previous update here for a detailed examination...
    IrelandFinance and Banking
    Walkers
    Walkers
  • Article

    Innovation In Financial Services: Central Bank Plans To Enhance Innovation Hub And Launch Sandbox

    As it opened its Financial System Conference on 8 November 2023, the Central Bank launched its long-planned Consultation Paper on its approach to innovation engagement in financial services (CP 156).
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
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