Financial Services Regulation
The ByrneWallace Services Financial Regulation team is headed by Joe Gavin, former General Counsel to the Central Bank, and includes some of the most experienced and effective lawyers with specialist expertise advising on financial regulation, risk management, enforcement and investigation management in Ireland.
With one of Ireland’s largest offerings, we advise clients on a broad range of Irish regulatory and compliance issues relevant to the financial services sector including investment funds, hedge funds, debt structures, EU Financial Directives and secured lending transactions.
We have a dedicated investigations and risk offering and has been at the forefront of contentious regulatory mandates in the financial services market in recent years. We have acted in the tracker mortgage investigation, and are a lead legal adviser to the credit union sector.
Our clients include some of the leading Irish and international retail and wholesale banks and financial institutions, fund managers, investment funds, insurers and reinsurers, credit servicing firms, brokers and intermediaries.
We provide a full range of advisory including:
- Authorisations, and Conduct of Business Rules, including Banking and MiFID
- Regulatory capital
- Insurance regulation
- Financial Regulatory Enforcement & Investigations
- Anti-money laundering service
- Risk management
- Payment services
- Passporting into and from other EU jurisdictions
- Product structuring and establishment
- Transfers of financial institutions and related due diligence
- Design of compliance procedures
- Administrative sanctions
Our experience includes:
- Advising two large banks on the tracker mortgage investigation
- Advising the Credit Union sector in relation to regulating capital issues, product approval, solvency support, and restructuring.
- Advising Credit Institutions on CRD IV and CRR in Ireland.
- Advising MiFID Firms on a broad range of MiFID issues.
- Advising e-Money Institutions and Payment Institutions in Ireland.
- Advising UCITS Funds and Management companies on UCITS Directives.
- Advising AIFM and AIFs on AIFMD.
- Acting for a regulated firm on the settlement with the Financial Reporting Council (FRC) in the UK.
- Advising on appeals to The Irish Financial Services Appeals Tribunal (IFSAT).
- Advising on transfers of financial institutions and related due diligence.
- Advising financial institutions on delivery of payment services.
- Acting for the Irish League of Credit Unions in judicial review proceedings with the Regulator.
- Acting in solvency support and advisory mandates relating to the resolution and transfer of regulated entities and obtaining regulatory approvals from the Regulator.
- Advising insurance undertakings in relation to structures and regulatory and compliance matters.
- Advising Irish SPVs on litigation in relation to CDOs.
- Advising regulated entities in relation to the Central Bank and Credit Institutions (Resolution) Act 2011.
- Advising bondholders in various situations in relation to their rights and in litigation under the Credit Institutions (Stabilisation) Act 2011.
- Acting for the Financial Services Ombudsman.