We advise in all aspects of regulation as it applies to the financial services industry in Ireland.

In particular, our team has extensive experience advising on issues such as licensing applications, capital requirements, anti-money laundering rules, acquisitions/disposals of businesses, distribution and marketing related issues, compliance and corporate governance requirements and other financial services regulatory requirements in Ireland.

Our multi-disciplinary Regulatory Investigations team provides advice to clients in relation to administrative sanctions procedures initiated by the Central Bank of Ireland.

Experience

  • All financial services regulatory matters such as rules contained in legislation and related regulation in MiFID II, the Intermediaries Act 1995, the European Union (Insurance Distribution) Regulations 2018, the Consumer Protection Code, AIFMD and outsourcing.
  • Applications to the CBI for approval of entities to act as an investment manager to regulated investment funds domiciled in Ireland.
  • Changes of service providers to UCITS and AIFs.
  • Compliance with the fund management company guidance issued by the CBI and distribution models in respect of regulated funds, and other corporate governance matters.
  • Applications to the CBI for the approval of PCF functions in regulated investment funds, investment firms, investment business firms and e-money institutions.
  • Applications to the CBI for AIFM registrations in support of the establishment of 1907 limited partnerships, which includes the drafting of Limited Partnership Agreements, in conjunction with the corporate team.
  • Structuring of investments in compliance with their MiFID permissions, including consideration of dealing on own account and placing. 
  • Compliance with MiFID II costs and charges, inducements, suitability requirements and product governance matters.
  • The regulatory and licensing requirements in respect of entering into hire purchase agreements and carrying out credit servicing activities pursuant to the Central Bank Act 1997 (as amended by inter alia the Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Act 2022), the Consumer Credit Act 1995 and the Consumer Protection Code. 
  • Acquiring Transaction Notifications affecting CBI regulated firms, working closely with the corporate team in respect of due diligence on the vendor, appropriate regulatory terms for sale purchase agreements and all CBI requirements and engagement under applicable legislation. 
Head of Practice
Photo of David Naughton

David Naughton

Partner
Financial Services Regulation

dnaughton@lkshields.ie
+353 1 637 1585


More from our Financial Services Regulation team

Awards &
Recommendations

‘This is one of the strongest fund and regulatory teams in Ireland. They have a broad experience across asset classes and have a clear idea of the expectations and requirements of the CBI.' Recommended for Investment Funds.

Legal 500 2023
Photo of David Naughton

David Naughton

Partner

dnaughton@lkshields.ie
+353 1 637 1585

Photo of David Williams

David Williams

Consultant

dwilliams@lkshields.ie
+353 1 637 1542

Photo of Katrina Smyth

Katrina Smyth

Senior Associate

ksmyth@lkshields.ie
+353 16371548

Photo of Mina Dawood

Mina Dawood

Associate Solicitor

mdawood@lkshields.ie
+353 16371517

Photo for article Update to the Central Bank’s Position on QIAIFs Holding Indirect Exposure to Digital Assets

Update to the Central Bank’s Position on QIAIFs Holding Indirect Exposure to Digital Assets

On 4 April 2023, the Central Bank of Ireland published the 47th Edition of the AIFMD Q&A (the Q&...

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