Virtual Asset Service Providers become subject to registration requirements and AML/CTF obligations

On 23 April 2021, provisions of the Fifth Anti-Money Laundering Directive (5AMLD) were transposed into Irish Law by the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (CJA 2021), which amends the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (CJA 2010). Please see our recent briefing for analysis of changes introduced by 5AMLD: New Irish Anti-Money Laundering Rules.

Related briefings

Individual accountability moves closer – what will it mean for me?

Individual accountability in the regulated financial services sector moved a step closer with this week’s publication of the heads of bill of the Central Bank (Individual Accountability Framework) Bill 2021. We now have much greater visibility of the additional obligations that will be imposed on firms and individuals under the individual accountability framework.

Case of the spectator and the golf ball matters for all kinds of events organisers

Earlier this month the High Court dismissed a claim from a spectator who was struck by a golf ball while attending the West of Ireland Championship at Rosses Point Golf Club in 2016. It was an important decision for sports clubs, tournament organisers and event spectators. The High Court held that the duty of care owed to spectators is not to act in “wanton disregard” for their safety. The decision matters because that is a lesser duty than the duty to act with reasonable care.

Latest Briefings

Funds & Investment Management Update – Ireland and Luxembourg – Q2 2021

This quarter’s highlights include the coming into force of the Investment Firms Directive and the Investment Firms Regulation, a number of AML developments, ESMA’s publication of funds’ marketing communications guidance and the CBI’s call for UCITS managers to review their liquidity risk management frameworks. Other notable developments include the CSSF’s updated guidance on granting loans to the public and updates to its UCITS and AIFM FAQs, the publication of a Circular on remote working as well as further EU sustainable finance developments.

The ILC Articles at 20: Introduction to the Symposium by Prof. Christian Tams and Dr Federica Paddeu

The Articles on the Responsibility of States for Internationally Wrongful Acts (Articles), developed by the International Law Commission (ILC), turn 20 this year. On 9 August 2001 – 45 years after the first report by Special Rapporteur Francisco García-Amador on the topic, after 5 Special Rapporteurs and 34 reports by them – the ILC adopted the final text of the Articles, thus bringing to an end work that (in the words of Rosalyn Higgins) were it not for the Commission‘s broad understanding of responsibility, ‘should on the face of it [have] take[n] one summer’s work’.

Scaling expertise through digital solutions

Neota Logic provides the ability to scale access to expertise through automation solutions using its no-code platform, making it an easier, faster and less expensive way to engage your stakeholders.

Portugal: Managing the Impacts of COVID-19

The COVID-19 pandemic has led to the adoption of legal measures that have a profound impact on businesses in different sectors and on society at large. The implications are broad and complex and we are committed to focusing our knowledge and experience to help you navigate these legal issues as they arise.

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