A&L Goodbody
Belfast Dublin London New York Palo Alto San Francisco
INTERNATIONAL FINANCIAL SERVICES CENTRE, DUBLIN 1, D01 H104, IRELAND
Work +353 1 649 2000
29 DUBLIN
www.algoodbody.com
Belfast, Dublin, London, New York, Palo Alto, San Francisco
Insolvency and corporate restructuring
Within: Insolvency and corporate restructuring
A&L Goodbody's team is rated highly for its 'technical and commercial knowledge, and fantastic negotiation and communication skills'; it 'always provides outstanding work' as well as 'timely and value for money advice'. Apart from being involved in the largest liquidation in Irish history, advising the joint special liquidators of IBRC with Mark Traynor, practice head David Baxter and Marsha Coghlan recently acted for various lenders of two troubled high-profile companies very active in the wind energy sector that went through a successful examinership process.
The Competition Law of Turkey
The Article 167 of Turkish Constitution attributed to the government the duty to take ?for money, credit, capital, product and service markets, measures providing and improving healthy and regular procedures? to prevent ?monopolization and cauterization created as result of activity or agreement in the markets?.
- A&L Goodbody
Legal Developments in Ireland
LANDWELL Bulletin: Managing in a Downturn
As we are all well aware this is the most turbulent climate for business both nationally and internationally, that any of us have experienced. We have therefore focused this bulletin on areas where we believe we can help you take decisive steps to manage the issues that are required to get through the downturn and be properly prepared for the future.
- Landwell
The Companies (Amendment) Act 2009
The Companies (Amendment) Act, 2009 (the "Act") was signed into law on 12 July 2009. The Act provides for signifi cant changes to company law compliance and enforcement. It gives increased powers of search and seizure to the Offi ce of the Director of Corporate Enforcement ("ODCE") and expands disclosure obligations with regard to transactions between a company and its directors (including specifi c changes for licensed banks). The Act also relaxes the requirement that at least one director of an Irish company must be resident in the State.
New Rules for Acquiring Transactions in the Financial Sector
In line with EU-mandated requirements, Ireland has introduced new rules governing acquisitions, in whole or in part, of certain regulated financial institutions.
- McCann FitzGerald
Irish Merger Control: Review of Key Developments in 2008
A 47% Year-on-Year Drop in the Number of Deals Notified: Reflecting the global decline in merger activity, the number of deals notified to the Competition Authority fell to 38 in 2008, a 47% decrease from 2007, when 72 deals were notified, and a more than 60% decrease from the 2006 peak of 98 notified deals.
European Communities (Takeover Bids (Directive 2004/25/EC)) Regulations 2006
The EU Takeovers Directive (2004/25/EC) (the "Takeovers Directive") has been transposed into Irish law by the European Communities (Takeover Bids (Directive 2004/25/EC)) Regulations, 2006 (S. I. No. 255 of 2006) (the "Takeovers Regulations"). The stated aim of the Takeovers Directive is to strengthen the Single Market in financial services by facilitating cross-border restructuring and enhancing minority shareholder protection. Many of the provisions of the Directive are already contained in the existing Irish regime for the supervision of takeovers set out in the Irish Takeover Panel Act, 1997 (the "Act"), the Takeover Rules, 2001 (the "Rules") and the Companies Acts 1963 – 2005, which will continue to apply. The Takeovers Regulations cater for those areas not already dealt with in the existing regime or areas of the regime that needed to be adjusted as a result of the requirements of the Takeovers Directive.
- Dillon Eustace
Establishing a Retail Fund in Ireland for sale in Japan Fund Structures and Features
The issuing of securities of offshore funds for public sale into Japan is governed by a combination of the Securities and Exchange Law of Japan (the "SEL") which is enforced by the Japanese Ministry of Finance ("MOF"), the Law Concerning Investment Trust and Investment Company of Japan (the "Investment Funds Law") which is enforced by the Financial Services Agency of Japan ("FSA").Establishing a Retail Fund in Ireland for sale in Japan Fund Structures and Features
Equality before the Law
Employment Equality legislation in Ireland is to be found in the Employment Equality Act 1998 as amended by the Equality Act 2004. This legislation is extremely detailed but in effect makes it unlawful for employers to discriminate against a person on the basis of gender, marital status, family status, sexual orientation, religion, age, disability, race, and membership of the traveller community. These are referred to as the "discriminatory grounds".
Enforcement of Foreign Judgments in Ireland
The enforcement of judgments between the EU member states is regulated by the Brussels I Regulation (44/2001, OJL 12/1, 16 January 2001) ("the Regulation"). On the 22nd December 2000, the European Council agreed the Regulation to replace the Brussels Convention on Jurisdiction and Enforcement of Judgments 1968 ("the Brussels Convention"). The purpose of the Regulation was to bring the law contained in the Brussels Convention into the main body of EC Law. The Regulation was implemented in Ireland by Statutory Instrument 52 of 2002, European Communities (Civil and Commercial Judgments) Regulations 2002, which came into force on the 1st March 2002.
Unlike the United States, which is leading the way in relation to e-discovery and where the disclosure of electronic data has become standard procedure, as of yet there is no standard protocol or practice direction issued in relation to e-discovery in Ireland. Despite this fact, Irish lawyers are beginning to appreciate the invaluable nature of electronic data which can be retrieved and used in commercial litigation.
Disclosure Requirements with respect to Company Particulars
Directive 2003/58/EC amending Directive 68/151/EEC (the "First Disclosure Directive") became effective on 1st April, 2007 having been transposed into Irish law by the European Communities (Companies) (Amendment) Regulations 2007 (S.I. No. 49 of 2007) (the "Regulations").