Capital Markets Law Firm of the Year in Ireland.
	We are the winners of the Corporate INTL Magazine 2010 Legal Award for Capital Markets Law Firm of the Year in Ireland.

Investment Funds Explained.
Do you know your UCITS from your QIFs and your PIFs? No? Well, fear not.
The Financial Services Team at LK Shields Solicitors are happy to make it all
crystal clear for you.
Contact David Williams or Ronan Cremin.
November 2011.
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Recent Legal and Regulatory Developments.
Contact: Damien Barnaville or Ronan Cremin.
October 2011.
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Investment Firms and the Alternative Investment Fund Managers Directive (AIFMD).
Contact: Andrew Gill.
September 2011.
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Goalposts have Moved for Secured Lenders.
A recent judgment held that the crystallisation of a floating charge
does not gain priority over the Revenue Commissioners in a winding up.
Contact: Neil O'Keeffe or Andrew Power.
August 2011.
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CRD III – Are You in Compliance?
The remuneration and disclosure principles introduced by
Directive 200/76/EU (capital requirements).
Contact: Tracy Gilvarry or Ronan Cremin.
April 2011.
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Central Bank and Credit Institutions (Resolution) Bill 2011.
The new regime will avoid the need to nationalise banks.
Contact: Richard Curran.
March 2011.
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Special Resolution Regimes (SRRs).
As part of the IMF/EU bailout, Ireland will need to put draft legislation before the Dail to facilitate the creation of a legal framework for dealing with financial institutions on the verge of collapse. This legal framework is known as a Special Resolution Regime (SRR). This article explains how SRRs will work, what can we expect and what has been done in other jurisdictions.
Contact: Damien Barnaville.
Spring 2011.
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Non-EU Fund Managers – Time to Prepare for Change.
If, as expected, the Alternative Investment Fund Managers Directive (AIFMD)
is adopted...
Contact: Tracy Gilvarry or Ronan Cremin.
March 2011.
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NAMA's progress in acquiring the loan books from the Irish banks
and what we can expect to come.
Contact: Neil O'Keeffe.
Winter 2010.
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Significant and Recent Changes to the
Rules Applying to Irish Investment Funds.
Contact: Andrew Gill.
Winter 2010.
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Special Resolution Regimes – Are we too late?
Contact: Damien Barnaville.
December 2010.
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The Central Bank Reform Act 2010.
With effect from 1 October 2010, the Central Bank Reform Act has created a new fully integrated Central Bank of Ireland with a unitary board called the Central Bank Commission.
Contact: Tracy Gilvarry.
September 2010.
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Re-domiciliation Procedure for Investment Funds Comes into Force.
Certain sections of the Companies (Miscellaneous Provisions) Act 2009 have come into force that pave the way for the streamlined relocation of fund companies located in prescribed jurisdictions.
Contact: Tracy Gilvarry.
September 2010.
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Invoking the MAC Clause to Avoid Lending Commitments:
A Double Edged Sword.
Wrongfully invoking a material adverse change clause may be deemed to be a breach of contract that could expose a lender to a claim for damages.
Contact: Neil O'Keeffe.
August 2010.
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UCITS: Synthetic Risk and Reward Indicators.
Commission Regulation (EU) No 583/2010 concerns the fund disclosure documentation
to be issued to investors in UCITS and in particular the new methodologies being introduced regarding the calculation and presentation of risk information
in relation to all UCITS funds.
Contact: Sarah Lyons.
July 2010.
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The Draft Alternative Investment Fund Managers Directive (AIFM).
Following a protracted period of intense lobbying at European level, the European Parliament and the EU Council recently finalised their respective drafts of the Alternative Investment Fund Managers Directive.
There are currently a number of differences between the two draft texts on areas such as the treatment of third-country funds, delegation requirements and depositary liability, and further efforts are needed to try and reconcile the two competing texts.
Contact: Sarah Lyons.
June 2010.
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Inadvertent Waiver of Events of Default.
The past couple of years in Ireland have seen lenders adopt a wait and see approach to a large number of borrower defaults, but such tactics can be fraught with danger, particularly in light of a recent UK court decision.
Contact: Neil O'Keeffe.
June 2010.
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Recent Legal and Regulatory Developments for Irish UCITS
Investment Funds.
Contact: Sarah Lyons.
April 2010.
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Irish Funds Industry Update: Re-domiciliation of Fund Companies:
The Process.
Contact: David Williams.
March 2010.
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The Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009.
This Bill will transpose the Third EU Money Laundering Directive 2005/60/EC
into Irish law.
Contact: David Williams.
September 2009.
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Payment Services Directive: Are You Ready?
The Payment Services Directive 2007/46/EC will become effective in Ireland on
1 November 2009 and will introduce a new EU-wide licensing regime for many firms
and businesses that have up until now operated in an unregulated environment.
Contact: David Williams or Sarah Lyons.
August 2009.
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The Draft Directive on Alternative Investment Fund Managers
(the AIFM Directive).
Contact: Damien Barnaville or the Banking and Financial Services Group.
Summer 2009.
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Battling the Backlash of the Financial Crisis:
The Financial Litigation Unit at LK Shields Solicitors.
Contact: Sarah Lyons.
Summer 2009.
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Liability Under a Personal Guarantee.
Guarantees - when if comes to payment, the liability of the guarantor will include the unpaid principal and the interest which continues to accrue at a compound rate of interest... This article was published in The Sunday Business Post.
Contact: Jill Callanan.
July 2009.
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An Irish Solution to IRS TLP Clarification.
A recent ruling issues by the Internal Revenue Service in the United States has clarified the tax treatment of Traded Life Policies which are held by non-US residents.
July 2009.
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Recent Legal and Regulatory Developments for Irish UCITS Funds.
Contact: Sarah Lyons.
March 2009.
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MiFID - What You Need to Know.
Contact: Tracy Gilvarry.
November 2008.
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Enhancements to Qualifying Investor Funds.
October 2008.
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Islamic Bonds (Sukuk).
Ireland is well positioned to emerge as a prime hub for Islamic finance
in Europe.
September 2008.
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The Use of "Side Pockets" by Qualifying Investor Funds in Ireland.
Contact: David Williams.
July 2008.
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Recent Developments in Fund Management.
Do you know your UCITS from your QIFs, and which is the best vehicle for your investment funds?
Contact: David Williams.
Summer 2008.
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Exposure to Banks by Muddying the Waters of Insolvency through
Workout Agreements.
Contact: Tracy Gilvarry.
June 2008.
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Investment Funds - Some Recent Developments.
Contact: David Williams.
May 2008.
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UCITS - Hedge Funds Indices as Eligible Assets.
April 2008.
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Secured Creditors Working it Out.
Contact: Neil O'Keeffe.
March 2008.
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Sub-Prime Lenders under the Microscope.
The fallout from the sub-prime lending crisis in the United States has led to a credit squeeze on a global scale. Here at home, the government has moved to regulate
non-bank lenders and to strengthen consumer protection.
Spring 2008.
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Physical Short Selling by UCITS. On 5 October, 2007 the Financial Regulator issued a revised policy note in respect of physical short selling by UCITS, The revised policy note provides that UCITS may now engage in covered physical short selling. Contact: David Williams. October 2007. Click to download. (pdf)

Guide to MiFID.
The Markets in Financial Instruments Directive.
Contact: Tracy Gilvarry.
September 2007.
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New Qualifying Investor Fund Regime.
Contact Tracy Gilvarry or Sarah Lyons.
Summer 2007.
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Eligible Assets for UCITS: The New Directive.
Contact: David Williams.
May 2007.
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A Guide to Funds in Ireland.
April 2007.
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IFIA Guidance on the Market Abuse Directive - Insider Dealing.
Contact: David Williams.
November 2006.
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Bricks and Mortar.
Only a small proportion of the €600 billion which is invested in IFSC funds is invested in property, but we are now seeing much greater interest in regulated property funds.
Contact: David Williams.
Autumn 2006.
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Closed Ended Funds and the Takeovers Directive.
Contact: David Williams.
June 2006.
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The Financial Services Ombudsman.
October 2005.
Contact: David Williams.
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Common Contractual Funds: An Overview.
Contact: Tracy Gilvarry.
November 2004.
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