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Legal Updates & Insights

  • Article

    Likely Filing Deadline of 26 September 2017 for the Central Beneficial Ownership Register for Companies and Industrial and Provident Societies

    A central register of beneficial ownership of corporate and other legal entities is required by the 4th EU Anti-Money Laundering Directive.

    Asset Management & Investment Funds
  • Article

    General Scheme of Data Protection Bill 2017 Published

    The Department of Justice has published the General Scheme of the Data Protection Bill 2017. This Bill is designed to give effect to, and provide for derogations from, the General Data Protection Regulation (GDPR).

    Technology
  • Article

    Time Limits to Complain to Financial Services and Pensions Ombudsman to be Extended

    The Financial Services and Pensions Ombudsman Bill 2017 was published on 10 May 2017. The purpose of the Bill is to amalgamate the offices of the Financial Services Ombudsman and Pensions Ombudsman and to consolidate and update existing legislation. More importantly, the Bill provides for an extension of the time limits to bring complaints to the Ombudsman in respect of pension products and longer

    Financial Regulation
  • Article

    Reasonable Accommodation - What’s Reasonable?

    A recent determination (ADJ – 00000557) from the Workplace Relations Commission (the WRC) provides further insight and guidance for employers on the scope of their duty to reasonably accommodate a disabled employee.

    Employment
  • Article

    Companies (Accounting) Bill 2016 passed by both Houses of the Oireachtas: enactment is imminent

    Further to our recent bulletins on the Companies (Accounting) Bill 2016, which will amend the Companies Act 2014, the Bill was passed by Seanad Eireann (having previously been passed by Dáil Eireann) on 9 May 2017.

    Corporate Governance & Compliance
  • article

    Ireland adopts the Alternative A Insolvency Remedy under the Cape Town Convention

    The Irish Government has signed an Order giving the Cape Town Convention Alternative A insolvency remedy force of law in Ireland.

    Aviation & Transport Finance
  • Article

    Comparative Advertising in the Court of Appeal

    In Aldi Stores (Ireland) Limited and Aldi GMBH & Co. KG v Dunnes Stores [2017] IECA 116, Dunnes Stores (Dunnes) succeeded in its appeal against a High Court ruling that its 2013 comparative advertising campaign against Aldi was contrary to EC (Misleading and Comparative Advertising) Regulations, 2007 and the Consumer Protection Act, 2007.

    Disputes
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Department of Finance consults on Insurance Distribution Directive; Insurance Ireland publish Annual Report 2016 On the European Front: EIOPA publishes Thematic Review of consumer protection issues in the unit-linked market; European Commission proposals on the EU and US bilateral agreement on (re)insurance

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: Central Bank announces published its 2016 Annual Report and its 2016 Annual Performance Statement; Department of Finance launches Consultation on Crowdfunding On the European Front: National application of the Fourth Anti Money Laundering Directive is triggered; ESMA publishes opinion on Market Abuse Regulation accepted market practices in relation to liquidity contracts

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Director of Asset Management Supervision in the Central Bank address MiFID II; On the European Front: ESMA publishes final technical advice to the European Commission regarding supervisory fees for Trade Repositories under the Securities Financing Transactions Regulation; ESMA publishes update to Q&As regarding the European Markets Infrastructure Regulation

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Irish Funds have revised Guidance Paper 6 On the European Front: ESMA updated Q&As on the application of the AIFMD Directive and the UCITS Directive; European Parliament adopts the Money Market Funds Regulation.

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: The Central Bank's "Thematic Inspection of Regulatory Reporting by International Banks" is published. On the EU Front: European Central Bank Annual Report 2016 is published; European Central Bank publishes Guidelines and Recommendations specifying common specifications for the exercise of discretions available in relation to less significant institutions.

    Finance