ArticleRegulatory Flexibility In The Face Of COVID-19Regulators are known for flexing their muscles; not for showing flexibility or exercising forbearance. IrelandCoronavirus (COVID-19)Dillon Eustace
ArticleCentral Bank Consults On Fund Management Company Effectiveness – Delegate OversightThe Central Bank has published a Consultation Paper on a number of initiatives "designed to underpin the achievement of substantive control by fund management companies".IrelandFinance and BankingDillon Eustace
ArticleCentral Bank Consults On The New Prudential Regime For MIFiD FirmsOn 14 January, the Central Bank of Ireland (Central Bank) published the paper ‘Consultation on Competent Authority Discretions in the Investment Firms Directive and the Investment Firms...IrelandFinance and BankingDillon Eustace
ArticleESMA Statement On Potential Closet Index TrackingESMA issued a statement earlier this month about the potential for some European collective investment funds to be "closet index trackers"IrelandFinance and BankingDillon Eustace
ArticleFunds Quarterly Legal And Regulatory Update: 1 April 2023 To 30 June 2023The Central Bank re-confirmed its position that it is highly unlikely to approve a UCITS or a RIAIF fund proposing any exposure (either direct or indirect) to digital assets.IrelandFinance and BankingDillon Eustace
ArticleImportant Changes To Authorisation Process For Irish Domiciled Qualifying Investor FundsThe Irish Funds Industry Association has announced this afternoon a hugely significant and extremely positive change in the authorization process for Irish domiciled qualifying investor funds. IrelandFinance and BankingDillon Eustace
ArticleTaxonomy Regulation Disclosures: Update On The Fast-Track Filing Process From The Central Bank Of IrelandThe Central Bank communication confirms that the same fast-track process will apply for the prospectus disclosures imposed under SFDR Level 2 Measures which apply from 1 July 2022.IrelandFinance and BankingDillon Eustace
ArticleUpdate To The CBI Pre-Submission Process For QIAIFsIn a development which will be welcomed by many in the funds industry in Ireland, the Central Bank of Ireland ("CBI") has provided updated guidance with respect to the pre-submission process...IrelandFinance and BankingDillon Eustace
ArticleDiscovery In Insurance – Cover SlipLagan had instructed Ben McArdle Ltd to procure a policy of professional indemnity insurance in respect of their civil engineering business. IrelandInsuranceDillon Eustace
ArticleInsurance Quarterly Legal & Regulatory Update: October - December 2021On 5 October 2021, the European Insurance and Occupational Pensions Authority (EIOPA) launched the second phase of its study on diversification in internal models under Directive (EU) 2009/138...IrelandInsuranceDillon Eustace
ArticleCourt Of Appeal Clarifies Position On Discovery Of Post Accident Medical RecordsIn Egan v Castlerea Co-operative Livestock Mart Limited [2023] IECA 240, the Court of Appeal has upheld a High Court order for discovery in personal injury proceedings...IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleGDPR: The Data Protection Impact AssessmentThe General Data Protection Regulation (EU 2016/679) ("GDPR") aims to ensure that organisations which process personal data embed data privacy into their business model. IrelandPrivacyDillon Eustace
ArticleUK Privy Council Decision On Fund Redemption Process In Fairfield Sentry LimitedReaders will no doubt be familiar with Bernard L. Madoff's Ponzi scheme perpetuated through his firm Bernard L. Madoff Investment Securities LLC.British Virgin IslandsWealth ManagementDillon Eustace
ArticleDouble Check Your Privilege – Practical Advice To Companies And Directors In The Cayman IslandsA recent English High Court decision clarifies that investor-appointed directors cannot freely share privileged legal documents with their appointing shareholders without explicit company authorization. This ruling challenges common assumptions about information rights in shareholders' agreements and establishes new boundaries for directors navigating dual loyalties between companies and investors. Cayman IslandsCorporate/Commercial LawDillon Eustace
ArticleCayman Grand Court Puts Roles Of Non-admitted Attorneys Under The SpotlightIn a concise yet comprehensive recent judgment of the Cayman Grand Court which will be of interest to both practitioners and stakeholders, the Hon. Justice Asif analyzed the roles of attorneys not admitted to practice in the jurisdiction, ...Cayman IslandsLitigation, Mediation & ArbitrationDillon Eustace
ArticleCayman LLC Proof That Cayman Is Listening To US ManagersThe Cayman Islands Government published The Limited Liability Companies Bill, 2015 on 18 December 2015 which, when enacted, will provide for the introduction of a new Cayman legal vehicle...Cayman IslandsWealth ManagementDillon Eustace
ArticleUpdate On Plans To Include Gas And Nuclear Energy Within EU Taxonomy FrameworkThe EU Taxonomy Regulation1 sets down the conditions which must be met in order for an economic activity to be considered "environmentally sustainable".European UnionEnvironmentDillon Eustace
ArticleESMA Advice On European PassportESMA has now published further advice in relation to the application of the Passport to non-EU AIFMs and AIFs ("Advice") together with its opinion on the functioning of the passport for EU.European UnionFinance and BankingDillon Eustace
ArticleESMA Publishes Call For Evidence On Review Of UCITS Eligible Assets DirectiveOn 7 May 2024, ESMA published a call for evidence on the review of the UCITS Eligible Assets Directive[1] (Call for Evidence).European UnionFinance and BankingDillon Eustace
ArticleListing And Trading UCITS On BorsaIn late 2014, Borsa Italiana opened a new market specifically for trading open ended UCITS funds.European UnionFinance and BankingDillon Eustace