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Mason Hayes & Curran
Welcome to the 39th issue of MHC Times. In this issue, we take an in-depth look at what Ireland has to offer, and some recent legal developments which may affect international companies operating in Ireland.
Mason Hayes & Curran
Ireland has a lot to offer foreign organisations. From our low corporate tax rate to our highly-skilled and flexible workforce, there are many reasons to bring your business to Ireland.
Walkers
The Companies Act 2014 (the "Act") has widened the number of companies that are required to set up an audit committee ("Audit Committee") under Irish law.
Arthur Cox
This briefing summarises recent cases, developments and trends relevant to ongoing efforts to resolve the mortgage arrears crisis.
Mason Hayes & Curran
Brexit caused business uncertainty and currency volatility and this impacted a number of areas.
Mason Hayes & Curran
One of the most active sectors in the Irish economy both publically and privately continues to be real estate.
Dillon Eustace
The Central Bank has, on March 6, 2017, isssued Consultation Paper 107 (the "CP") on the protection of retail investors in relation to the distribution of contracts for difference ("CFDs").
Mason Hayes & Curran
The new European Pensions Directive - IORP II became effective in January 2017. Member States now have two years in which to transpose its provisions into national law.
Matheson
A recent Court of Appeal decision has restored certainty that, under Irish law, there is no general duty of good faith in the context of commercial contracts.
Walkers
In response to recent terrorist events in Europe, a Fifth Anti-Money Laundering Directive has been proposed which, inter alia, contains a proposal to amend 4MLD to make the central beneficial ownership...
Dillon Eustace
The Cayman Islands Monetary Authority ("CIMA") has issued the third edition of its Supervisory Issues and Information Circular (the "Circular").
Mason Hayes & Curran
Enforcement of loans continues to be a challenge, particularly, enforcement by the purchasers of debt. Equally, there have been helpful developments for secured and unsecured lenders...
Mason Hayes & Curran
Freedom of Information Regulations, introduced in November 2016, have now been revoked and updated by 2017 Regulations to remove a 'double requirement' for those who can make FOI applications...
Arthur Cox
On 7 February, the Central Bank published responses received by it to its 2016 Discussion Paper on the Payment of Commission to Intermediaries.
Mason Hayes & Curran
It was another significant year in public and regulatory law with more statutory and non-statutory inquiries, high-profile challenges to parliamentary privilege and the first full year of the Regulation...
Mason Hayes & Curran
Ex-Rehab Group CEO Angela Kerins failed in her claim for damages against members of a parliamentary committee.
Arthur Cox
EU Directive 2014/104 (the "Directive") was introduced in 2014 to make it easier for victims of competition infringements to claim compensation before national courts in EU Member States.
Mason Hayes & Curran
The trend of IP enforcement continues with almost all sectors experiencing some activity. Combined with this, we explore some other interesting developments.
Mason Hayes & Curran
The first ‘right to be forgotten' case in the Irish courts came before Dublin Circuit Civil Court in May 2016.
Mason Hayes & Curran
Following a succession of deadlines in 2016 and new requirements from the Companies Act, we look forward to our first full year under the new governance regime.
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Arthur Cox
International standard setting is a complex area, with a multi-step process applying to the formulation of standards.
Mason Hayes & Curran
Managing Partner Declan Black looks to the future to see what 2017 might bring and imagines two competing scenarios.
Mason Hayes & Curran
To coincide with Data Privacy Day, we have prepared a roundup of five recent announcements and developments in the world of privacy and data protection.
Mason Hayes & Curran
In the coming year, Ireland will take steps towards unlocking the potential of the internet of things and the green economy.
Dillon Eustace
Under the GDPR, certain data controllers and data processors will need to appoint a Data Protection Officer
Arthur Cox
Under Irish law, copyright protection for artistic works lasts for 70 years after the death of the author.
Maples and Calder
As part of the phased introduction of measures under EMIR1, a recently adopted EU Regulation2 establishes new risk mitigation requirements for trading OTC derivatives.
Mason Hayes & Curran
We examine the factors influencing the housing crisis in Ireland and explore effective ways to address the problem in 2017.
Dillon Eustace
Following earlier consultations (in December 2014 and April 2016), ESMA has now issued an opinion to EU regulators on the extent to which share classes of the same UCITS fund can differ from one another.
Arthur Cox
With less than 11 months to go until MiFID II comes into force on 3 January 2018, the implementation projects of in-scope firms should be well underway.
Arthur Cox
On 24 January 2017, the Supreme Court of England and Wales, by a majority of 8 to 3, upheld the High Court's November 2016 decision that an Act of Parliament is needed before the UK Government can serve notice (under Article 50 of the Treaty on European Union) on the European Council of the UK's intention to leave the EU.
Arthur Cox
On 30 January 2017 ESMA published its long-awaited opinion on UCITS share classes. The opinion follows its consideration of responses to the second consultation of April 2016 and provides ESMA's final opinion on the nature of share classes and the establishment of a regulatory framework comprising a set of high-level principles and certain operational principles with which all UCITS share classes should comply
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