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Legal Updates & Insights

  • article

    Asset Management & Investment Funds: EU & International Developments: April 2019

    ESMA UCITS Q&A, ESMA AIFMD Q&A, ESMA MAR Q&A, ESAs on cyber resilience, EU Legislative Proposals, Distance Marketing Directive, Brexit, AML/ CTF/ Corruption

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments: April 2019

    Central Bank expectations on Fitness & Probity, Central Bank expectations on outsourcing risks, Central Bank Strategic Workplan in Securities and Markets Supervision, EU Financial Sanctions return.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds Q&A: April 2019

    The dates for reporting by counterparties of securities financing transactions to trade repositories are now known. What does this mean for UCITS and AIFs?

    Asset Management & Investment Funds
  • article

    Initial Public Offerings (IPO) Law Review 2019 - Ireland

    Matthew Cole, Corporate and M&A Partner at A&L Goodbody provides an insight into the legal and procedural IPO landscape in Ireland.

    Capital Markets - Equity
  • article

    Re-registration of a company as another company type in the course of legal proceedings - Start Mortgages v Kavanagh

    In Start Mortgages v Kavanagh [2019] IEHC 216,  the High Court confirmed that, where legal proceedings had commenced, it was not necessary for a company to make a formal application to court to reflect its change in status from a limited liability company to a designated activity company under the Companies Act, 2014.  The point arose in the course of proceedings taken by Start Mortgages for p...

    Corporate & M&A
  • article

    Beneficial Ownership requirements affecting trusts and corporate entities

    The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 came into force on 22 March 2019, with the exception of Part 3 (which deals with the Central Register of Beneficial Ownership and which will come into force on 22 June 2019). See here for more detail. We are re-issuing this In Focus paper to clarify that PPS numbers are not required to be, a...

    Asset Management & Investment Funds
  • article

    EDPB issues draft guidelines on the contractual necessity legal basis in the context of online services

    The EDPB has released new draft guidelines 2/2019 on the contractual necessity legal basis for processing personal data in the context of the provision of online services to data subjects. The guidelines emphasise the narrow scope of the contractual necessity legal basis. A controller must be able to demonstrate that the processing is ‘objectively necessary’ for a purpose that is ‘integral’ to...

    Technology
  • article

    Deputy Data Protection Commissioners discuss GDPR implementation with Oireachtas Committee

    On 3 April 2019, the Joint Committee on Justice and Equality met to discuss the implementation of the GDPR with Ms Anna Morgan (Deputy Commissioner), Ms Jennifer O’Sullivan (Deputy Commissioner), and Mr Cathal Ryan (Assistant Commissioner). The Commissioners discussed a range of issues, including the enforcement powers used by the Data Protection Commission (DPC) post-GDPR, the difficulties wit...

    Technology
  • article

    Court of Appeal refuses to extend one-year limitation period in defamation action

    In Morris v. Ryan [2019] IECA 86 (Court of Appeal, Whelan J, 22 March 2019) the Court of Appeal affirmed the order of the High Court dismissing the Plaintiff's defamation claim on the basis that it was statute barred, and also affirmed the Isaac Wunder Order imposed, restraining the Plaintiff from instituting any further proceedings against the Defendant, or any parties or companies associated...

    Disputes
  • article

    Government’s Gender Pay Gap Bill now published

    The much-anticipated text of the Government's Gender Pay Gap (GPG) Information Bill (the Bill) has now been published. In amending the Employment Equality Acts 1998-2015, the Bill envisages that the Minister for Justice and Equality (the Minister) will make additional regulations that will require certain Irish employers to report and publish details of both their GPG and gender bonus gaps. In...

    Employment
  • article

    Financial Regulation and Compliance Bulletin - Cross Sectoral March 2019

    On the domestic front, Brexit is unsurprisingly the dominant theme. The CBI has published several speeches and interviews communicating their determination to be Brexit-ready in the event of no deal being struck between the European Union and the United Kingdom. Other items of note are the CBI's continuing efforts to promote diversity in the financial services market, and to address technologic...

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Insurance March 2019

    Cost of Insurance Working Group (CIWG) publishes latest progress update On 4 March 2019, the CIWG published its Eighth progress update on the Action Plan of the Report on the Cost of Motor Insurance. This update concentrates on the status of all the recommendations from that Report. It also reports on progress in implementing the recommendations in the Report on the Cost of Employer and Public...

    Financial Regulation