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Legal Updates & Insights

  • article

    Financial Services Regulation and Compliance - Funds August 2022

    In domestic news, the CBI is implementing changes to its beneficial ownership register for Certain Financial Vehicles (CFV). The changes involve the verification of information submitted and are expected to come into effect in Q4 2022.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Insurance August 2022

    In domestic news, on 3 August 2022, the Central Bank of Ireland (CBI) published its Consultation Paper on proposed Guidance for (Re)Insurance Undertakings on Climate Change (the Guidance).

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - General Cross Sectoral August 2022

    In domestic news, on 9 August 2022, the CBI published guidance notes on the outsourcing register template for each of the following sectors: markets firms or regulated financial service providers (RFSPs), payments and e-money institutions, insurance and reinsurance undertakings, and less significant institutions.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Investment Firms August 2022

    In domestic news, on 9 August 2022, the CBI published guidance notes on the outsourcing register template for markets firms or regulated financial service providers (RFSPs). The guidance notes set out the CBI's expectations for firm's recording of relevant outsourcing arrangements and reporting of outsourcing to the CBI.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Banking August 2022

    In domestic news, on 24 August 2022, the CBI announced that the countercyclical capital buffer (CCyB) rate on Irish exposures is to be maintained at 0.5%. The 0.5% rate will take effect in June 2023.

    Finance
  • article

    New registration requirement for overseas companies owning UK property

    The United Kingdom's Economic Crime (Transparency and Enforcement) Act 2022 (ECA) came into force on 1 August 2022 (see our previous article).

    Corporate Governance & Compliance
  • publication

    Foreign direct investment screening in Ireland – key features of the Screening of Third Country Investments Bill 2022

    The landscape of foreign direct investment (FDI) into Ireland will be changed significantly by the Screening of Third Country Investments Bill 2022 (the Bill), which introduces an investment screening mechanism in Ireland for the first time.

    Corporate & M&A
  • article

    European Commission adopts Second Report on the EU Foreign Direct Investment Regime

    The European Union (EU) has been developing a sophisticated Foreign Direct Investment (FDI) screening regime. This FDI screening regime revolves around Regulation 2019/452.

    EU, Competition & Procurement
  • article

    Gambling Regulatory Authority of Ireland (GRAI): The appointment of the CEO Designate

    On Thursday 8 September 2022, the Minister of State with responsibility for Law Reform, James Browne TD, announced the appointment of Anne Marie Caulfield as the new Chief Executive Officer (CEO) Designate of the Gambling Regulatory Authority of Ireland (GRAI). In this announcement, Mr Browne noted that the early appointment of the CEO will ensure that there is no delay in the new regulator becomi

    Betting, Gaming & Licensing
  • article

    Director failed to satisfy the court that he acted responsibly

    In the case of Fennell v Appelbe, a director of an insolvent company appealed a restriction order made against him by the High Court, which prevented him from acting as a director for five years.

    Corporate & M&A
  • article

    High Court: “Time and Cents” spent on furnishing Replies to Particulars of key importance in complex proceedings

    The High Court (Mr. Justice Barrett) has recently delivered judgment in National Truck Rental Company Ltd v Man Importers Ireland Ltd & Ors1 (the National Trucks Judgment) .

    Disputes
  • article

    Collateral Warranties and the Construction Contracts Act 2013

    In the recent decision of Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP[1], the English Court of Appeal has provided further guidance on whether a collateral warranty constitutes a 'construction contract.' If a collateral warranty is a construction contract then disputes thereunder come within the adjudication regime.

    Construction