Financial Regulation

The Practice

Our Financial Regulation Group advises on a wide variety of regulatory and compliance matters relevant to the financial services industry. We act for a wide range of Irish and international credit institutions, investment firms, payment institutions, fund managers, insurance companies and other financial institutions. We provide advice on Irish authorisation and perimeter issues, ongoing compliance with conduct of business and other requirements, regulatory capital, market abuse, prospectus and transparency requirements, payment services, corporate governance, AML and financial institution M&A (including the acquisition and disposal of financial assets).

The Financial Regulation Group is an integral part of our Finance Department. The Finance Department at Arthur Cox is the largest of its kind in Ireland and is constantly at the forefront of developments in finance law and practice. Our practice revolves around four key areas, including asset management and investment funds, banking and other lending transactions, debt capital markets/structured finance and financial regulation. Our finance team is made up of lawyers who are experts in all of these areas. We pride ourselves in offering clients a joined up and integrated approach across practice areas and we excel at advising on transactions which require advice in a number of areas of finance and other areas of law.

Expertise

We provide a full range of advice to financial institutions and other financial services clients on Irish regulatory and compliance issues.In particular, our areas of expertise include:

  • Advice on conduct of business requirements, including MiFID, the CPC and the SME Regulations
  • Advice on licensing perimeter issues and licence applications
  • Derivatives
  • Regulatory capital
  • Financial institution M&A
  • Financial asset acquisitions and disposals
  • Risk management and corporate governance
  • Remuneration
  • Anti-money laundering
  • Market abuse, transparency and prospectus requirements
  • Consumer credit
  • Payment services
  • Investigations and enforcement action by regulators.

We advise many of Ireland’s leading financial institutions. In addition, we have assisted many major international financial institutions on their establishment in Ireland and in relation to their activities in Ireland. We regularly advise international law firms on Irish regulatory matters. The firm has also advised Government departments, the Irish Banking Federation and other trade bodies on specialist matters.

Experience

Some of the recent transactions in which our Financial Regulation group has been involved include:

  • Advising multiple clients on redomiciling to Ireland post-Brexit
  • Advising on MiFID licence applications
  • Advising financial institutions on Central Bank enforcement actions, including negotiating settlement agreements with the Central Bank
  • Advising financial institutions on the Central Bank’s industry-wide tracker mortgages inquiry
  • Advising private equity funds on the acquisition and servicing of distressed Irish loan portfolios
  • Advising the Irish government on all aspects of its response to the banking crisis
  • Advising numerous clients on the implementation of recent legislation and regulatory requirements, including the Code of Conduct on Mortgage Arrears and the SME Regulations 2015
  • Advising numerous clients on notifications to the Central Bank of Ireland in connection with the acquisition of regulated entities in Ireland.