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Legal Updates & Insights

  • Coronavirus: Plan, Prepare and Respond - Guidance for UK & NI Employers  
    Article

    Coronavirus: Plan, Prepare and Respond - Guidance for UK & NI Employers  

    As countries continue to respond to the coronavirus (Covid-19) pandemic, employers are understandably under pressure to ensure they protect their employees, react appropriately and ensure steps taken are in line with national guidance. The UK has announced that it has moved from phase 1 "containment" to phase 2, seeking to "delay" the peak of the outbreak.

    COVID-19 Belfast
  • COVID-19: CBI Statement
    Article

    COVID-19: CBI Statement

    On 4 March 2020 the Central Bank (CBI) issued a statement on COVID-19 indicating that it is monitoring developments closely to assess the impact on the economy and financial system. The short statement also sets out the Central Bank's expectation that regulated firms should have appropriate contingency plans in place to deal with major operational events, should they occur.

    Asset Management & Investment Funds
  • COVID-19 essential update for employers: New Illness Benefit arrangements are imminent
    Article

    COVID-19 essential update for employers: New Illness Benefit arrangements are imminent

    In this, our third bulletin on employment matters related to coronavirus (COVID-19), we focus on the news just announced that the rules on illness benefit will be amended, which will include enabling employees to benefit from state illness benefit earlier than would be the case in normal circumstances.

    COVID-19
  • Central Bank proposals for new Pre-Approval Controlled Functions
    Article

    Central Bank proposals for new Pre-Approval Controlled Functions

    On 25 February 2020 the Central Bank published a 'Notice of Intention' which proposed the addition of a number of new roles to the list of pre-approval controlled functions (PCFs) under the Central Bank's Fitness and Probity Regime.

    Asset Management & Investment Funds
  • Confidentiality Rings Upheld: Goode Concrete v CRH [2017] IEHC 534
    Article

    Confidentiality Rings Upheld: Goode Concrete v CRH [2017] IEHC 534

    The Court of Appeal has upheld a High Court decision in Goode Concrete V CRH PLC & Ors [2017] IEHC 534 in relation to the concept and permissibility of "Confidentiality Rings" in Irish Law.

    Disputes
  • Package Travel and Linked Travel Arrangements Directive
    Article

    Package Travel and Linked Travel Arrangements Directive

    The Commission for Aviation Regulation (CAR) has published a report recommending changes to the rules governing insolvency protection for package travel 'organisers' and 'linked travel arrangement' (LTA) facilitators established in Ireland.

    EU, Competition & Procurement
  • The need to exercise ‘caution’ when engaging with regulatory investigators
    Article

    The need to exercise ‘caution’ when engaging with regulatory investigators

    A recent High Court decision in Health Products Regulatory Authority v Anne Rossi has confirmed that regulatory authorities can interview suspects on a voluntary cautioned basis, without being required to invoke any specific statutory powers.

    Disputes
  • Beneficial Ownership filings for ICAVs and Unit Trusts
    Article

    Beneficial Ownership filings for ICAVs and Unit Trusts

    The Central Bank of Ireland (CBI) have confirmed that they will be responsible for establishing the Central Beneficial Ownership Register in respect of ICAVs and Unit Trusts.

    Asset Management & Investment Funds
  • Article

    Financial Services Regulation and Compliance - Insurance Feb 2020

    Domestically, the CBI proposes new Pre-Approval Control Functions roles; At European level OJ publishes Commission implementing Regulation on the calculation of technical provisions and basic own funds in Q1 2020

    Finance
  • Article

    Financial Services Regulation and Compliance - Funds Feb 2020

    Domestically, the CBI issued a detailed UCITS liquidity questionnaire to certain Irish UCITS fund management companies and Irish UCITS for completion in March 2020; At European level ESMA published its Strategy on Sustainable Finance.

    Finance
  • Article

    Financial Services Regulation and Compliance - General Cross Sectoral Feb 2020

    Domestically, Central Bank of Ireland Governor, Gabriel Makhlouf delivered a speech at the Financial Forum in Dublin in which he discussed the changes of the past decade and the potential challenges for the decade ahead.; At European level the EBA has released a report calling for greater diversity on institutions' boards

    Finance
  • Article

    Financial Services Regulation and Compliance - Investment Firms Feb 2020

    Domestically, the Central Bank has published its first edition of Questions and Answers on EMIR and has published a 'Dear CEO' letter on Securities Market Conduct Risk; At European level the European Commission has launched a review of MiFID II.

    Finance