In Irish practice developments: we look at some approaching deadlines; Revised Central Bank Guidance on Share Classes & updated Central Bank UCITS Q&A; Central Bank Markets Update; GoAML, Companies (Accounting) Act 2017, Speech by Derville Rowland, Central Bank Director of Enforcement, PEPPs, and FinTech.
Asset Management & Investment FundsWhat is the current position in Ireland in respect of the transposition of the Fourth Anti Money-Laundering Directive (4AMLD)?
Asset Management & Investment FundsBefore the UK General Election, the country was experiencing a real momentum towards Brexit. Leaving the world's largest trading bloc was seen by most people as inevitable. Remainers chose silence or, at least, they did not articulate loudly the message of "Remain".
BrexitThe Fourth Anti-Money Laundering Directive (4 AMLD) (EU 2015/ 849) is due to be transposed by EU member states by 26 June 2017. Meanwhile proposals for a Fifth Anti-Money Laundering Directive (5 AMLD) which will amend 4 AMLD are at an advanced stage and are currently scheduled to be discussed by the EU Parliament on 23-26 October 2017.
Corporate Governance & ComplianceMatthew Cole and Sheena Doggett provide an overview of the IPO process in Ireland, addresses the regulatory and exchange requirements and presents key offering considerations.
Capital Markets - DebtBaker J in the High Court has given three recent judgments in matters concerning Section 115A(9) of the Personal Insolvency Acts 2012 – 2015 (the Acts). This Section gives a Court power to review and approve a Personal Insolvency Application (PIA) rejected at a meeting of creditors.
Restructuring & InsolvencyThe Government recently announced its commitment to priority drafting of legislation to enhance protection for those on precarious working arrangements. In particular, it is designed to address those on low hours and insecure contracts.
EmploymentJust as the Olympics open with the ritual words "let the Games begin...", so too the Brexit talks begin in Brussels today. The EU side is led by Michel Barnier who is the European Commisson's Chief Negotiator and an experienced EU Commissioner. The UK side is led by David Davis who is Secretary of State for Exiting the European Union and was tipped yesterday as the next leader of the Conservative
BrexitConducting a fair investigation can be a legal minefield for many employers and a recent High Court decision (Michael Lyons v Longford Westmeath Education and Training Board) has gone a step further, seemingly adding to employees' procedural armoury! The Court held that where one outcome of an investigation was potential dismissal or an adverse impact on the employee's reputation, the employee has
Pensions & IncentivesIn Aldi Stores v Dunnes Stores [2016] IEHC 256, the High Court refused to order Aldi to elect between a claim in damages and an account of profits prior to a damages trial. The application arose in circumstances where Dunnes had been previously found to have engaged in misleading comparative advertising and infringed Aldi's trademarks.
DisputesThe Companies (Accounting) Bill was signed by the President on 17 May 2017, and is accordingly the Companies (Accounting) Act 2017 (the Accounting Act). Almost all of its provisions came into force pursuant to a commencement order signed by the Minister for Jobs, Enterprise and Innovation (DJEI) on 2 June 2017 and published on 6 June 2017 (the First Commencement Order).
Companies ActOn the Domestic Front: Companies (Accounting) Act 2017 will come into operation on 9 June 2017; Central Bank publishes AIFMD Q&As and UCITS Q&As. On the EU Front: ESMA publishes principles on supervisory approach to relocations from the UK; European Council adopts the Money Market Fund Regulation
Asset Management & Investment Funds