On 19 July 2024, the European Commission (the "Commission") adopted a delegated regulation and accompanying annexes containing its regulatory technical standards ("RTS") supplementing Regulation EU 2015/760, as amended by...more
With the Regulation on Artificial Intelligence (the "AI Act") entering into force in due course, following its publication in the Official Journal of the EU, there has been an increasing focus of supervisory bodies to provide...more
On 9 April 2024, the Central Bank of Ireland (the "CBI") issued guidance on the authorisation of payment institutions ("PIs") and Electronic Money Institutions ("EMIs") and the registration of account information service...more
Welcome to the January – March 2024 issue of our Irish Quarterly Legal and Regulatory Developments report for Asset Management and Investment Funds. This report covers key developments during the quarter, such as: ...more
On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit...more
On 29 February 2024, the Central Bank of Ireland (the "Central Bank") published a new Regulatory & Supervisory Outlook Report outlining the key trends and risks which the Central Bank has identified as moulding the financial...more
Revised Prospectus Regulatory Framework Q&A - On 7 March 2024, the Central Bank of Ireland (the "Central Bank") published its Prospectus Regulatory Framework – Questions & Answers 2nd Edition (the "Revised Q&A"). This...more
The Central Bank of Ireland (CBI) is consulting on changes to the Consumer Protection Code 2012 (Code). The proposals look to support effective consumer protection and reflect the changes taking place in financial services by...more
On 11 March 2024, the Central Bank of Ireland (the "Central Bank") reached a significant milestone in finalising its framework for authorisations under the revised European Long-Term Investment Funds Regulation (EU) 2023/606...more
Following the publication of the Regulatory and Supervisory Outlook Report, Mary-Elizabeth McMunn of the Central Bank of Ireland provided remarks on the key regulatory priorities for the year ahead....more
In parallel with the well-publicised enhancements to the European Long Term Investment Fund ("ELTIF") regime through Regulation 2023/606/EU (the "ELTIF 2.0 Regulation"), the Central Bank of Ireland (the “Central Bank”) has...more
On 14 December 2023, the Central Bank of Ireland (the "Central Bank") published its industry letter on asset valuation (the "Industry Letter"), following on from ESMA's final report on its 2022 common supervisory action on...more
On 30 November 2023, the Central Bank of Ireland (the "Central Bank") published a public statement relating to an enforcement action against an Irish-authorised UCITS ICAV (the "ICAV") which has been reprimanded and fined...more
Against the backdrop of accelerating change in the payments landscape at both a national and EU level, the Irish government has launched a public consultation on a future National Payments Strategy (NPS). The Department of...more
On 16 November 2023, the Central Bank of Ireland (the "Central Bank") published its feedback statement, revised draft Central Bank Regulations (on the Senior Executive Accountability Framework ("SEAR"), the Certification...more
On 10 November 2023, the Central Bank of Ireland (the “Central Bank”) sent a communication to the Irish funds industry outlining the timeframes for receipt of: QIAIF authorisations / approvals / notings and change of...more
The Central Bank of Ireland has sought responses to its consultation paper on its approach to innovation engagement in financial services, which provides details of the proposed launch of its Regulatory Sandbox and further...more
Regulation around ESG investment in Ireland is evolving rapidly with developments from the Central Bank of Ireland, European Commission and ESMA building an increasingly sophisticated regulatory backdrop. Our summary of...more
The Central Bank (Individual Accountability Framework) Act 2023 was signed into law on 9 March 2023 (the “Act”). The Act amends several pieces of legislation relating to the Central Bank of Ireland’s (“Central Bank”)...more
Partners Niall Esler and Shane Martin, along with senior associate Conor Daly and trainee solicitor Coleen Wegmann, have authored the Ireland chapter for Global Legal Insights Fintech 2023. They provide an up-to-date summary...more
Today sees a significant and very welcome announcement by Irish Funds in relation to the Irish implementation of the ELTIF 2.0 framework. Irish Funds has confirmed in a communication to member firms that following...more
On 18 July 2023, the Central Bank of Ireland (the "Central Bank") published its latest discussion paper entitled "An approach to macroprudential policy for investment funds" (the "Paper"). The purpose of this Paper is to...more
In this quarter's edition of the legal and regulatory report, we include a number of key outputs from ESMA, including its updates to Q&As on the application of the AIFMD and the UCITS Directive (outlined at sections 1.2 and...more
Introduction - The Central Bank (Individual Accountability Framework) Act 2023 (the “Act”) was signed into law on 9 March 2023. The Act amends several existing pieces of legislation2 and is amongst the most significant...more
On 24 March, the Central Bank of Ireland (the Central Bank) issued a “Dear Chair” letter (the Letter) following its review in 2021 of the costs and fees charged to undertakings for collective investment in transferable...more