Financial Regulation

The Practice

The Finance Group 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.

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).

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 and the CPC
  • Advice on licensing issues and licence applications
  • Regulatory capital
  • Financial institution M&A
  • Financial asset acquisitions and disposals
  • Insurance
  • Risk management and corporate governance
  • Data protection / privacy and management
  • Anti-money laundering
  • Market abuse 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.

Our recent experience includes the following:

  • Advising the Irish government on all aspects of its response to the banking crisis.
  • Advising clients on financial asset acquisitions and disposals.
  • Advising KBC Mortgage Bank on the transfer of its mortgage business to KBC Bank Ireland plc, advising Hypo on the transfer of its business to Depfa Bank plc following the acquisition of Depfa Bank Plc.
  • Advising Northern Rock on Irish law aspects of its restructuring and the subsequent transfer of its banking business in Ireland to IL&P.
  • Advising Postbank on the winding down of its banking business in Ireland.
  • Advising Bank of Scotland (Ireland) on the winding down of its banking business in Ireland and the transfer of its business to Bank of Scotland plc.
  • Advising Wells Fargo Bank International on its establishment in Ireland.
  • Advising Merrill Lynch International Bank on the transfer of certain of Merrill Lynch’s core European functions to Ireland.
  • Acting for Banco Santander on its acquisition of GE’s credit/store card business in Ireland.
  • Advising numerous clients on the implementation of recent legislation and regulatory requirements, including the Payment Services Directive, the Consumer Credit Directive, the Code of Conduct on Mortgage Arrears and the Consumer Protection Code 2012.
  • Advising numerous clients on notifications to the Central Bank of Ireland in connection with the acquisition of regulated entities in Ireland.