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Legal Updates & Insights

  • Article

    The Front Page - Q&A: August 2017

    What new product governance procedures are being imposed under MiFID II?

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front we look at the ESMA guidelines on transaction reporting under MiFID II and MiFIR , PRIIPs and Anti Money Laundering/ Combating the Financing of Terror/ Corruption.

    Asset Management & Investment Funds
  • Article

    Director Restricted as Company Not Liquidated in a Timely Fashion

    In Wallace v Edgeworth & ors [2017] IEHC 475, the liquidator of Shemburn Limited (the Company), sought to restrict the respondents from acting as directors. As the first named respondent (ME) did not oppose the application, and the third named respondent did not appear, they were both restricted as directors. The second named respondent (GE), a commercial airline pilot, and the son of ME, oppose

    Corporate Governance & Compliance
  • Article

    Summary Judgment Refused Where no Information on Accumulated Interest

    In Allied Irish Banks plc v Marino Motor Works Ltd [2017] IEHC 522, High Court, Ni Raifeartaigh J, 27 June 2017, Allied Irish Banks plc (the Bank) sought summary judgment against the defendant, Marino Motor Works Ltd (MMW), which was the holding company of Barry's of Bantry Limited (BBL), a car dealership.

    Disputes
  • Article

    Workplace Bullying - Significant Supreme Court decision clarifying the position

    The Supreme Court's decision in Ruffley v The Board of Management of St Anne's School brings much needed clarity to the law of bullying in the workplace. The Supreme Court has reversed the controversial judgement of the High Court in 2016 which had resulted in not only the largest ever award for a bullying claim, but an apparent broadening of the definition of what constitutes "bullying" in the wo

    Employment
  • Article

    State Aid in Ireland 2017

    Dr Vincent Power, Partner and Head of A&L Goodbody's EU, Competition & Procurement Group looks at State Aid law and policy in Ireland. This article was first published in State Aid 2017 by Getting the Deal Through.

    EU, Competition & Procurement
  • Article

    MiFID II Regulations – Irish Regulations Transposing MiFID II have been published

    The European Union (Markets in Financial Instruments) Regulations 2017 (S.I. No. 375 of 2017) (MiFID II Regulations) were signed into law by the Minister for Finance on 10 August 2017 and published by the Department of Finance on 15 August 2017. The MiFID II Regulations transpose MiFID II into Irish law and they will enter into effect on 3 January 2018.

    Financial Regulation
  • Article

    Procurement Law Update - New Irish Remedies Regime for Concession Contracts

    The European Union (Award of Concession Contracts) (Review Procedures) Regulations (S.I. No. 326 of 2017) (the Concessions Remedies Regulations) were published on 17 July 2017. The Concessions Remedies Regulations implement the parts of the Concessions Directive (Directive 2014/23/EU) which cover review procedures for breaches of the rules on concessions contracts into Irish law.

    EU, Competition & Procurement
  • article

    The Companies Act 2014: Your brief guide to the highlights

    The Companies Bill 2012, as passed by the Dáil and Seanad, was signed by the President of Ireland on 23 December 2014, and accordingly is now the Companies Act 2014 (the Act).

    Companies Act
  • Article

    Successfully Expanding Overseas: Raising Capital in the EU through ICOs

    From the recent Bitcoin Cash fork to claims of a crypto-bubble, it seems like everyone is talking about cryptocurrency lately. And with data from CoinMarketCap currently valuing the public cryptocurrency market at US$134 billion, it is little wonder that there is so much interest in this topic right now.

    Corporate & M&A
  • Article

    Limitation period for complaints to the Financial Services Ombudsman extended

    Two recent Acts, signed into law by President Higgins last month, will have a significant impact upon the operation of the Financial Services Ombudsman (FSO) complaints procedure. In particular, the Acts allow for an extension of the period in which consumers can make complaint about certain financial products.

    Disputes
  • Article

    Central Bank UCITS Regulations clarify CP86 location rules and other matters

    The Central Bank of Ireland (Central Bank) signed the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Undertakings for Collective Investment in Transferable Securities) (Amendment) Regulations 2017, S.I. No. 344 of 2017, (the Central Bank UCITS (Amendment) Regulations 2017) on 27 July 2017 and these amending regulations are now in force. The Central Bank subsequently published

    Asset Management & Investment Funds