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Legal Updates & Insights

  • Article

    One month to go until the UK’s new subsidy regime comes in to force – the position in Northern Ireland still unclear

    Following Brexit, the UK's obligations in respect of EU State Aid law ended. Instead under the Trade and Cooperation Agreement a temporary subsidy regime took over while the UK designed its permanent replacement. The UK's new Subsidy Control Act 2022, is set to come into force on 4 January 2023, replacing the EU State Aid regime. With parts of the Act already in force, the full Act

    Belfast
  • publication

    ESMA Consultation Paper on funds’ names using ESG or sustainability-related terms

    On 18 November 2022 ESMA published a Consultation Paper on Guidelines on funds' names using ESG or sustainability-related terms. ESMA's proposal aims to establish common standards on the fair, clear and not misleading character of funds' names and introduces quantitative thresholds for names that use ESG or sustainability related terms.

    Asset Management & Investment Funds
  • publication

    CBI - Sustainable finance and the asset management sector: disclosures, investment processes & risk management

    The Central Bank of Ireland (CBI) published a paper “Sustainable finance and the asset management sector: Disclosures, investment processes & risk management.” 

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - General Cross Sectoral November 2022

    Domestically, the Consumer Credit (Amendment) Act 2022 commenced on 18 November 2022 along with regulations under the Act, which set the maximum interest rate at which a high cost credit loan can be provided. At European level, the EBA published its final guidelines in relation to compliance management and the role of the AML/CFT compliance officer under AMLD4.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Funds November 2022

    Domestically, the CBI introduced new rules that will impact Irish regulated funds that invest primarily in Irish real estate. At European level, ESMA published a consultation paper on guidelines for fund names using ESG or sustainability-related terms.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Insurance November 2022

    Domestically, FSPO publishes Digest of Legally Binding Decisions. At European level, EIOPA publishes staff paper answering FAQs on its Proposal for an Insurance Recovery and Resolution Directive.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Investment Firms November 2022

    Domestically, the CBI updated its webpage for all forms relevant for MiFID Firms. At European level, the ESMA has published its annual report on waivers and deferrals which provides a picture of the European trading landscape in 2021.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Banking November 2022

    Domestically, the Housing Loan Requirements Regulations 2022 (S.I. No. 546 of 2022) were published and are due to commence on 1 January 2023. At European level, the EC has requested advice from the EBA regarding green loans and mortgages.

    Finance
  • Article

    The EU Whistleblowing Directive – the countdown to commencement in Ireland is on

    The EU Whistleblowing Directive is currently being transposed into national laws across the European Union. In Ireland, the Protected Disclosures (Amendment) Act 2022 comes into force on 1 January 2023. It brings with it a number of crucially important changes to the existing Protected Disclosures Act 2014 (2014 Act).

    Employment
  • article

    Asset Management & Investment Funds: EU & International Developments – December 2022

    ESMA consultation on fund names using ESG terms, greenwashing, SFDR Q&A, speeches, MMF Stress Tests, Liquidity stress testing, AML/CFT/ Sanctions.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments – December 2022

    Deadlines, Irish property funds, CP86, CP152, LDI funds, PRIIPs KID, beneficial ownership, sanctions, CBI markets updates.

    Asset Management & Investment Funds
  • publication

    CBI timeframes for receipt of applications that are seeking a Christmas/year-end effective date

    The Central Bank of Ireland issued timeframes for receipt of applications that are seeking a Christmas or year-end.

    Asset Management & Investment Funds