IFSC.ie Legal Features

Financial Crime Risk – Regulatory expectations

28/05/2020 - Financial services providers have been very active in maintaining essential services, managing their own duties as employers and managing operational and compliance risk in the COVID-19 environment.

Continuing to trade in turbulent times - addressing the legal challenges

19/05/2020 - It has been suggested recently that companies who avail of the supports put in place by the Government are, as such, admitting to trading while insolvent, and that continuing to trade while insolvent could conceivably open up directors of the companies concerned to potential personal liability actions for reckless trading.

Dealing with Tenant inability-to-pay rent in Commercial Leases during COVID19

19/05/2020 - As business activity has reduced and cash-flow stopped in many sectors as a result of the Covid-19 restrictions, tenant inability to pay situations are an inevitability.

COVID-19 - Accelerating the Trend Towards a Cashless Society?

01/04/2020 - Coronavirus has plunged the world into uncertainty, as countries around the globe race to put together economic packages to stop their economies from crumbling. The World Trade Organisation’s chief said that projections show that the economic downturn could be worse than the 2008 recession.

Examinership – an underutilised option for vulnerable but viable companies

25/03/2020 - This year marks the 30th anniversary of the introduction of the examinership framework in Ireland and given the current challenges facing businesses, 2020 could be the year that the process comes into its own to assist struggling but otherwise viable companies and, very importantly, to maintain employment.

Employment Law : Tackling Work Related Stress

27/02/2020 - A common issue that arises for Irish employers is dealing with and managing employees who are suffering from alleged work related stress.

Election 2020: What are the employment law priorities?

20/02/2020 - While the prospect of a new government being formed currently appears to be a long way off, there is no doubt that Sinn Féin, having secured the most first-preference votes in the recent general election, is a strong contender to be in the next government.

ESMA Publishes Guidelines On SFTR Reporting

07/02/2020 - On 6 January 2020, ESMA published a Final Report incorporating guidelines on the reporting obligation of counterparties to securities financing transactions (SFTs) under the Securities Financing Transaction Regulation (EU 2015/2365) (SFTR) (the Guidelines).

Partnerships and Limited Partnerships subject to Companies Act, 2014 Accounts and Returns Regime

07/02/2020 - Partners in ordinary general partnerships and in limited partnerships should be cognisant of the European Union (Qualifying Partnerships: Accounting and Auditing) Regulations, 2019.

Euronext Growth Designation as an SME Growth Market

28/01/2020 - Euronext Growth, the secondary market for equities listed in Ireland, has been designated as an SME Growth Market for the purposes of the Markets in Financial Instruments Directive II (2014/65/EU) (MiFID II).

New Central Bank Guidelines on Administrative Sanctions

03/01/2020 - The Enforcement Directorate of the Central Bank of Ireland has published new guide to sanctions imposed under the Administrative Sanctions Procedure (ASP).

The Copyright and Other Intellectual Property Law Provisions Act 2019 has Now Been Commenced

05/12/2019 - The Act which makes a number of significant amendments to the Irish Copyright and Related Rights Act 2000 (the "Copyright Act") was signed into law back on 26 June 2019

Can you bring a lawyer to a disciplinary hearing? The Supreme Court has the final word

26/11/2019 - In a much anticipated judgment, McKelvey v Irish Rail, the Supreme Court has brought welcome clarity to the legal position regarding the right of an employee to be accompanied by a legal representative at a disciplinary hearing.

Corporate crime: more tools needed in DPP's toolbox?

26/11/2019 - Ireland has a robust regime for investigating and prosecuting corporate misconduct that helps maintain its reputation as a low-risk country in which to do business.

Defamation by Hyperlink

19/11/2019 - Defamation by means of hyperlink may be a relatively new concept, however the importance of this topic has grown exponentially due to the manner in which we interact with the internet today.

GDPR – Update for Pension Trustees

31/10/2019 - Prior to the GDPR compliance deadline of 25 May 2018, trustees and their advisors undertook the preparatory work necessary to ensure complaint arrangements were in place, in good time, ahead of the deadline.

SEAR: Part of an international drive for greater individual accountability?

31/10/2019 - Global trend - The past decade has seen a marked and continuing shift in global focus towards greater accountability and responsibility for decision making in the financial sector - no doubt influenced by the fallout of financial crisis.

Fitness & Probity: Central Bank's Expectations of Regulated Financial Service Firms

20/09/2019 - Following on from our briefing on the Dear CEO letter (the "Letter") of 8 April 2019 issued by the Central Bank of Ireland (the "Central Bank"), this article looks at employer's obligations throughout the lifecycle of employees holding Controlled Functions ("CF") or Pre-Approval Controlled Functions ("PCF") (a subset of CFs).

Brexit Planning – Seconding staff from the UK to Ireland

26/08/2019 - With the prospect of a "hard" Brexit on the horizon, many regulated financial services providers based in the UK are continuing to look at business solutions to manage the loss of passporting rights.

Is a No-Deal Brexit Inevitable?

26/08/2019 - No. There is a great deal of commentary that a No-Deal Brexit (NDB) on 31 October 2019 is inevitable.

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