RESOURCES

OUR RESOURCES PAGE

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COMPLIANCE IRELAND RESOURCES

 

 

2009 DRAFT Anti-Money Laundering & COUNTER-FINANCING TERRORISM Legislation

 

 

Regulatory Resources

 

 

 

 

 

 

Data Protection

Link 1

Link 2

 

Financial Crime (AML, CFT & Fraud)

NEW!

Link 1 (Resources)

Link 2 (AML page)

Link 3 (external website)

 

NEW!

 

Warning Notices

NEW!

NEW!

NEW!

 

 

NEW!

 

The Irish Financial Services Appeals Tribunal

 

 

 

 

 

 

 

Compliance Ireland Resources


Our Services


Our Services Brochure

Public Training Programme for Q1 2010


Non-Executive Director Services


Board Support Services

Credit Union Services

 

Training


Our Newsletters

 

2010

Newsletter 05/2010 (February 2010 - Financial Regulator enforcement statement; STR court case judgement) NEW!

Newsletter 04/2010 (February 2010 - Financial Regulators warns about weak sales practices to elderly consumers) NEW!

Newsletter 03/2010 (February 2010 - MiFID Update) NEW!

Newsletter 02/2010 (January 2010 - Financial Crime Update) NEW!

Newsletter 01/2010 (January 2010 Special Edition: Central Bank appointment of Jonathan McMahon as Assistant Director-General for Financial Institutions Supervision) NEW!

 

2009

Newsletter 14/2009 (December 2009 Special Edition: MBNA charging error and the Financial Regulator's Investigative Process)

Newsletter 13/2009 (December 2009 Special Edition: Settlement Agreement with DePfa ACS Bank)

Newsletter 12/2009 (December 2009 Special Edition: Comments on announcement by Central Bank of new senior posts)

Newsletter 11-2009 (December 2009 - Special Edition: Speech by new Governor of Central Bank of Ireland/Financial Regulator on future of regulation in Ireland)

Newsletter 10-2009 (October 2009 - Special Edition: Merrill Lynch fined €2.75miliion by Financial Regulator for $461million loss caused by traders)

Newsletter 9-2009 (October 2009 - Special Edition: Appointment of Matthew Elderfield as Head of Financial Regulator)

Newsletter 8-2009 (September 2009 - Special Edition on the Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009)

Newsletter 7-2009 (September 2009 - Special Edition on the appointment of new Governor of Central Bank of Ireland)

Newsletter 6-2009 (August 2009 - Special Edition on new 10% Regulatory Reserve Ratio for Credit Unions)

Newsletter 5-2009 (July 2009 - Special Edition on the Role of the Compliance Officer)

Newsletter 4-2009 (July 2009)

Newsletter 3-2009 (June 2009 - Special Edition on new Irish Regulatory Structure)

Newsletter 2-2009 (June 2009)

Newsletter 1-2009 (February 2009)

 

2008

Newsletter 6-08 (November 2008)

Newsletter 5-08 (October 2008)

Newsletter 4-08 (August 2008)

Newsletter 3-08 (July 2008)

Newsletter 2-08 (May 2008)

 

2007

Newsletter 6-07 (November 2007)

Newsletter 5-07 (August 2007)

Newsletter 4-07 (July 2007)

Newsletter 3-07 (May 2007)
Newsletter 2-07 (May 2007)
Newsletter 1-07 (January 2007)

 

2004-2006

Newsletter 9 (May 2006)

Newsletter 8 (January 2006)

Newsletter 7 (September 2005)

Newsletter 6 (July/August 2005)

Newsletter 5 (June 2005)

Newsletter 3 (September 2004)

Newsletter 2 (August 2004)

 


Briefing Note: Risk Management and Internal Controls (July 2008)

 


Our Papers

 

Crash Course in Corporate Governance (presentation by James Maher (Executive General Manager, Nexgen Reinsurance Limited) and Peter Oakes (Managing Director, Compliance Ireland) to the Society of Actuaries in Ireland on Tuesday 8th September 2009.this is a large file (5MB plus). 

 

Personal Data Retention (Presentation to Irish Computer Society Seminar 26 May 2009) this is a large file (5MB plus).

 

Courts, Legislative Update and Recent Issues (Presentation to Irish Computer Society Data Protection Conference 21 April 2009) this is a large file (5MB plus).

 

MIFID update - The Experience of 2008 and the Challenges for 2009 (Seminar Presentation 27 February 2009)

 

The Basics – What Every Data Controller Needs to Know (Conference Presentation 27 January 2009)

 

Dealing with Access Requests: ICS Privacy Forum (November 2008)

 

 

 

 

The Basics – What Every Data Controller Needs to Know (Conference Presentation 26 June 2008 - see updated version given January 2009 above)

 

Data Protection Presentation (8 May 2008)

  1. Compliance Ireland Presentation
  2. Data Protection Commissioner Presentation

 

Presentation to Bank of Kuwait AML Conference (November 2006)

Part 1 Complete Governance - Irish Financial Markets presentation (Compliance Ireland) (October 2006)

 

Part 2 Complete Governance - Irish Financial Markets presentation (Hi Tec) (October 2006)

Paper on Phishing (September 2006)

What Every Data controller needs to know presentation (March 2007)

 

2009 AML/CFT Law

 

This section includes documents relating to the Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009 (published 28 July 2009), the Scheme, the precursor to the Bill, (published 12 February 2008) and the EU AML/CFT Directives.

 

Current official version of the Bill

 

Criminal Justice (Money Laundering & Terrorist Financing) Bill 2009 (as passed by Dáil Éireann) 17 February 2010 - NEW!

 

Download Financial Crime and MLRO Services brochure here

 

European Directives

 

 

Early versions of the Bill, amendments and Scheme

 

Report Stage

 

Report Stage Amendments (17 February 2010)

Record of Report Stage discussion of 17 February 2010 on Compliance Ireland's submission (February 2010) NEW!

 

 

Select Committee Stage

 

Criminal Justice (Money Laundering & Terrorist Financing) Bill 2009 with amendments engrossed as at 14 January 2010 (January 2010) NEW! This is the latest version of the Bill as at 14 January 2010.

 

 

 

The Scheme

(NB - these documents are kept for historical purposes. The Bill (above) is what you should read)

 

 


Financial Regulator Resources


CONSULTATIONS

 

CP40 - Guidance Note 1/09 Revocation of Collective Investment Schemes

CP39 - Revision to UCITS and Non-UCITS Notices - July 2009

CP38 - Telephone Records and Electronic Communications under the MiFID Regulations - July 2009

 

CP36 Disclosure of grants of securities over shares - April 2009

CP34 on a Review of the Life Assurance Provision of Information Regulations 2001 - Sept 2008

CP33 - Consumer Protection Code for Licensed Moneylenders - March 2008

CP32 - Voluntary Consumer Protection Code for Credit Unions - March 2008

CP31 - Amendments to the UCITS Notices and related Guidance Notes - December 2007

Closed for consultation on 1 February 2008. Now issued in final form - see REGULATION OF UCITS FUNDS section below

UCITS Notices - Contains both Eligible Assets amendments and minor general updates

Guidance Note 2/07 - Financial Indices

Guidance Note 1/05 - Publication of a Simplified Prospectus

Guidance Note 3/03 - UCITS Financial Derivative Instruments

Guidance Note 2/03 - Acceptable investments in other collective investment undertakings

Guidance Note 1/00 - Valuation of the Assets of Collective Investment Schemes

 

 

UCITS Short-selling Policy Change - October 2007

 

Draft amended Notice UCITS2

Draft amended Notice UCITS16

Draft amended Capital Compliance Requirement

Draft Guidance Note -/07

 

Regulatory Connection

 

Issue 15 - November 2008

Issue 14 - May 2008

Issue 13 - January 2008

Issue 12 - October 2007

Issue 11 - June 2007
Issue 10 - March 2007
Special MiFID Issue - January 2007
Issue 9 - November 2006
Issue 8 - September 2006
Issue 7 - May 2006
Issue 6 - February 2006
Issue 5 - November 2005
Issue 4 - August 2005
Special Name Change Issue - June 2005
Issue 3 - April 2005
Issue 2 - January 2005


Registrar Of Credit Unions News

 

Issue 7 - December 2008

Issue 6 - July 2008

Issue 5 - December 2007

Issue 4 - June 2007

Issue 3 - December 2006
Issue 2 - October 2005
Issue 1 - May 2005

 

Regulation of Credit Unions

 

Review of Credit Unions - 22 December 2009

Recruitment of New Registrar of Credit Unions - 18 December 2009

Letter to Auditors of Credit Unions - September 2009

Regulatory Reserve Ratio - August 2009

Speech by Registrar of Credit Unions at Credit Union Development Association AGM - January 2009

Guidance Note on Credit and Credit Control - November 2007


Regulation of Investment Firms (MiFID FIRMS)


Financial Regulator assessment of MiFID compliance - October 2008

 

Fit & Proper requirements - December 2008
New Individual Questionnaire - December 2008

Fit & Proper Declaration (Funds Only) - December 2008

 

Guidance Note on Authorisation of Multilateral Trading Facilities - December 2008

 

Client Asset Requirements - October 2008

Regulation of Funds

 

Policy Updates

Assistance Paper - Directed Brokerage Programmes and Similar Arrangements (Dated 21 November 2002; Re-issued 11 February 2010)

Policy Update 02/2010 - Collateral passed by UCITS to OTC derivative counterparties (12 February 2010)

Policy Update 01/2010 - Information note on share classes in funds (9 February 2010)

 

Revised Guidance Notes - October 2008

Guidance Note 3/03 - issued October 2008

 

New and Revised Guidance Notes - August 2008

Financial Regulator Announcement - issued August 2008

Guidance Note 1/00 Valuation of Assets of Collective Investment Schemes - revised August 2008

Guidance Note 1/08 Valuation of Assets of Money Market Schemes - issued August 2008

Compliance Ireland Briefing Note on QIF CIU investment limits - issued July 2008

 

UCITS IV Initiative

Finalised Directive 2009/65/EC published in Official Journal on 17 November 2009

Compliance Ireland Briefing Note - issued July 2008

Draft Directive (Agreed with European Parliament) - issued June 2009 (NOW OBSOLETE)

Draft Directive - as originally issued July 2008 (NOW OBSOLETE)

Press Release - issued July 2008

FAQs - issued July 2008

 

Revised Non-UCITS Notice and Guidance Notes - July 2008

Financial Regulator Announcement - issued July 2008

Non-UCITS Notice NU24 QIFs - revised July 2008

Guidance Note 1/01 Feeder Schemes and Fund of Funds Scheme - revised July 2008

Guidance Note 1/07 QIFs - revised July 2008

QIF Application Form - revised July 2008

 

Revised UCITS (and Non-UCITS) Notices and Guidance Notes - April 2008

Explanatory Note - Implementing revisions to Eligible Assets and other technical changes

UCITS Notices - revised April 2008

Non-UCITS Notices - revised April 2008

Guidance Note 2/03 Acceptable investments in other CIUs - revised April 2008

Guidance Note 3/03 Financial Derivative Instruments - revised April 2008

Guidance Note 1/05 Publication of a Simplified Prospectus - revised April 2008

Guidance Note 2/07 Financial Indices - revised April 2008

 

 

Revised Requirements for Management Companies and Trustees - November 2007

Explanatory Letter - issued November 2007

UCITS Notices - revised November 2007 (NOW OBSOLETE - replaced in April 2008)

Guidance Note 2/96 - revised November 2007

Guidance Note 4/07 - issued November 2007

 

 

Regulation of Reinsurance Firms

Corporate Governance for Reinsurance Undertakings - December 2007 revised January 2010 NEW!

Additional Requirements for Life Finite Reinsurance - January 2010 NEW!

Additional Requirements for Non-Life Finite Reinsurance - January 2010 NEW!

Additional Requirements for Financial Reinsuance - January 2010 NEW!

Requirements for Composite Reinsurance Undertakings - December 2009 NEW!

Requirements for Life Reinsurance Undertakings - December 2009 NEW!

Requirements for Non-Life Reinsurance Undertakings - December 2009 NEW!

Discussion Paper on Capital Requirements for Variable Annuities - August 2009

Guidelines for Insurance Undertakings on Asset Management - April 2008

 

Financial Reinsurance - April 2008

Guidelines on the Reinsurance Cover of Primary Insurers and the Security of their Reinsurers - April 2008

Special Purpose Reinsurance Vehicles - June 2007

 

 

Consumer Protection Code

 

Information Release on thematic inspection of Minimum Competency record-keeping - December 2009 NEW!

Consumer Protection Code Addendum - May 2008

Minimum Competency Requirements Addendum - May 2008

Consumer Protection Code Clarifications Document - July 2007

Consumer Guide to the Consumer Protection Code - Your Little Red Book - July 2007

Financial Regulator Highlights Advertising Requirements of Consumer Protection Code - June 2007

Commencement Letter - April 2007
Protocol for consumer focussed intermediary inspections - November 2006
Consumer Protection Code - August 2006
Explanatory letter re Code and Minimum Competency - July 2006

Minimum Competency Standards - July 2006

 

Money Lenders - Consumer Protection Code

 

The Financial Regulator published a new statutory Consumer Protection Code for Licensed Moneylenders, alongside its Public Response to Consultation Paper 33.  The code is aimed at leading to greater consumer protection.  The General Principles of the moneylender’s code come into effect on 1 January 2009, with the remainder of the code coming into effect later in 2009.

 

Money Lenders - Consumer Protection Code - 3 December 2008

Public Response to Consultation Paper 33 - 3 December 2008

Financial Regulator Press Release - 3 December 2008


mortgage arrears - code of conduct

The Financial Regulator today (13 February 2009) published its Code of Conduct on Mortgage Arrears. This code takes effect from Friday 27th February 2009.

 

Code of Conduct on Mortgage Arrears - February 2009

 

business lending to small and medium sized enterprises

The Financial Regulator today (13 February 2009) published its Code of Conduct for Business Lending to Small and Medium Sized Enterprises takes effect from Friday 13th March 2009.

 

Code of Conduct for Business Lending to Small and Medium Sized Enterprises - February 2009 (effective March 2009)


Enforcement Actions

 

Settlement Agreement - Jim Mannion & Co. (Insurances) Ltd . 17 February 2010 (Supplemental information) NEW!

Settlement Agreement - McHugh O'Leary Insurance Brokers Limited 18 December 2009 (Supplemental Information) NEW!

Settlement Agreement - DEPFA ACS BANK 16 December 2009 (Supplemental Information) NEW!

Settlement Agreement - Pat Treacy Insurance Brokers Limited 5 November 2009 NEW!

Settlement Agreement - Quick Quotes Limited 5 November 2009 NEW!

Settlement Agreement - Merrill Lynch International Bank Limited 22 October 2009

Settlement Agreement - JD Murphy Investment Life & Pension Benefits (as sole trader and as partnership): 8 October 2009 NEW!

Settlement Agreement - Mr. Michael Fogarty t/a Tom Fogarty Insurance Brokers: 29 September 2009

Settlement Agreement - Irish Life & Permanent: 3 September 2009

Settlement Agreement - John Gurhy: 8 April 2009

Settlement Agreement - Michael McGarrigle: 19 December 2008

Settlement Agreement - Hibernian Direct Limited: 28 November 2008

  • Briefing Note by Compliance Ireland (28 November 2008) on Hibernian decision

Settlement Agreement - Quinn Insurance Limited and Mr Sean Quinn Senior: 24 October 2008

  • Sean Quinn (senior), Quinn Insurance statement click here (copyright Sunday Business Post 25/10/2008)

Settlement Agreement - Irish Nationwide Building Society: 7October 2008

Settlement Agreement - Apex Fund Services (Ireland) and Messrs Bohan and Hughes: 22 August 2008

Settlement Agreement - Frank J Murphy Insurance Brokers & Mr Murphy & Ms Murphy: 11 July 2008

Settlement Agreement - OHC Insurances Limited: 17 April 2008

Settlement Agreement - Irish Times Limited: 11 April 2008

Settlement Agreement - Fexco Stockbroking Limited: 20 March 2008

Settlement Agreement - Marsh Ireland Limited: 6 March 2008

Settlement Agreement - Johnston Properties: 29 November 2007

Settlement Agreement - Don Harte / DGH Associates: 29November 2007

Settlement Agreement - Penfield Enterprises (Phoenix Magazine) and Mr John Mulcahy: 5 November 2007

Settlement Agreement - Marlboro Trust Limited: 10 July 2007

Settlement Agreement - Mr William Bradley t/a Bradley Financial Services: 21 June 2007

Settlement Agreement - M.I.S Financial Services: 14 December 2006
Settlement Agreement - Broadstone Fund Management Limited: 30 June 2006

 

warning notices

The Financial Regulator publishes warning notices naming firms/persons, which operate, as investment business firms in Ireland without appropriate authorisation.

 

Latest -

21 January 2010: Equities Europe (Ireland) and Olta Capital Management Inc. (Ireland and Luxembourg) NEW!

17 September 2009: MJM Investments (Belgium), Montgomery Blake & Associates (China and Singapore) and The Morgan Stern Group (Ireland)

13 August 2009: CD Equities Global Equities Partnership (United Kingdom) and Green Care Investments (Ireland).

 

The full list of firms/persons the subject of a Financial Regulator warning is here

 

 

prospectus rules

Briefing Note - published 18 August 2008

Prosepectus Rules - published August 2008 (effective 15 September 2008)

Prospectus Rules (replaced) - effective March 2006

Guidance Note 1 - to 2006 Prospectus Rules

Guidance Note 2 - to 2006 Prospectus Rules

Guidance Note 3 - to 2006 Prospectus Rules

Guidance Note 4 - to 2006 Prospectus Rules

Guidance Note 5 - to 2006 Prospectus Rules

Guidance Note 6 - to 2006 Prospectus Rules

Guidance Note 7 - to 2006 Prospectus Rules

S.I 325 of 2005 - Prospectus Fee Regulations

Prospectus Directive Contact Details

 

EU Prospectus Directive 2003/71/EC

 

 

MARKET ABUSE ISSUES

Information Note - Short Selling (Published 20/01/2009) - The (Irish) Financial Regulator has cautioned market participants not to rely on incorrect information on Bloomberg screens regarding short selling in Irish Bank shares. The Financial Regulator confirmed that the ban remains in place on taking short selling positions, whether through shares or ADRs of Bank of Ireland, Allied Irish Banks and Irish Life and Permanent in London and other international trading venues as well as in Dublin. Click here

 

Briefing Note - published 19 September 2008

Financial Regulator Press Release on short-selling amendment to Market Abuse Rules published 19 September 2008

Financial Services Authority Short Selling (No2) Instrument 2008 - published 19 September 2008

Financial Services Authority Short Selling (No3) Instrument 2008 - published 23 September 2008

Financial Services Authority Short Selling (No4) Instrument 2008 - published 31 October 2008

Financial Service Authority Listing of UK Banks and Insurance Undertakings - updated 30 September 2008

Financial Services Authority Short Selling Rules FAQs - updated 31 October 2008


Administrative Issues

 

2008 Financial Regulator Annual Report - Issued 21 July 2009

 

2007 Financial Regulator Annual Report - Issued April 2008

 

Strategic Plan 2008-2010 - Issued November 2007

 

2006 Financial Regulator Annual Report - Issued July 2007

 

2006 Central Bank Annual Report - Issued 11 July 2007


2007 Guide to Industry Funding Levy Guide - Issued 2 July 2007

 

2007 Estimates of Income & Expenditure

Strategic Plan 2007-2009 - Issued 16 November 2006

 

 

Investor Protection & Bank Guarantee Scheme - NEW!

10 September 2009 - Minister for Finance (Brian Lenihan, TD) publishes new National Asset Management Agency (NAMA) Bill 2009

  • Minister Press Release - click here
  • National Asset Management Agency (NAMA) Bill 2009 - click here
  • National Asset Management Agency (NAMA) Bill 2009 Explanatory Memorandum - click here
  • Earlier 30 July 2009 versions now redundant

 

23 June 2009 - Extension to Bank Guarantee Scheme likely. Click here

 

3 March 2009 - Report into Directors' loans at credit institutions covered under the Government Guarantee Scheme

 

27 February 2009 - Director's Loans disclosure requirements (applies to ALL credit institutions) - click here

 

20 February 2009 - Project Atlas - Anglo Irish Bank Corporation plc (Summary Report Extracts) - click here

  • two page to a page version - click here
  • Minister of Finance statement on Project Atlas Report - click here

 

20 February 2009 - Minister of Finance announcement on corporate governance concerns coinciding with release of Anglo Irish Bank acounts for yesr to September 2008. Click here.

 

21 January 2009 - Anglo Irish Bank Corporation nationalised (a sorry day for corporate governance in Ireland!)

  • Law nationalising Anglo Irish Bank Corporation plc - click here
  • Announcement by Minister of Finance - click here
  • FAQs issued by Minister of Finance - click here
  • Second reading of the proposed law (explanation of nationalisation) - click here

 

24 November 2008 - Financial Regulator issues amended guidance for securities covered by the Credit institutions (Financial Support) Scheme 2008

 

 

30 September 2008 - Government Decision to Safeguard Irish Banking System

  • The updated list of banks covered by the guarantee is available here.

 

20 August 2008 - Deposit Guarantee Scheme

  • An explanation of the deposit guarantee scheme and investor protection scheme is available here

 

data protection

 

Payment Services- NEW!

European Communities (Payment Services) Regulations 2009

Financial Regulator Prudential Requirements October 2009

 

 

Financial Services Ombudsman - NEW!

Here you will find copies of the case studies released by the Financial Services Ombudsman. These case studies are the copyright of the Financial Services Ombudsman.

 

Announcement of new Financial Services Ombudsman (Bill Prasifka) (15 February 2010) - NEW!

 

Appeal to High Court

 

Case Studies

 

The Irish Financial Services Appeals Tribunal

 

Record number:  001/2007; In the matter of Part VIIA of the Central Bank Act 1942

Westraven Finance Ltd T/A Brinkspeed - Appellant & The Irish Financial Services Regulatory Authority - Respondent

 


Interesting UK FSA Directions and Enforcement cases - NEW!

29 October 2008 - First MLRO fined by UK FSA

 

Given the significance of the fine, we have uploaded below and at www.antimoneylaundering.ie a briefing note and copy of the FSA decision to fine a Money Laundering Reporting Officer in October 2008.

 

  • Click here for Briefing Note on Michael Wheelhouse, first MLRO to be fined by UK FSA.
  • Click here for FSA Final Notice on Michael Wheelhouse
  • Click here for FSA Final Notice on Sindicatum Holdings Limited
  • Click here for FSA Press Release

 

31 August 2004 - Bank of Ireland fined £375,000 for AML failures by UK FSA

Click here for Briefing Note

Click here for FSA Final Notice on Bank of Ireland

 

 

 

Interesting Court Cases - NEW!

04 February 2010 - Shah & Mahbeer v HSBC Private Bank (deals with issue of STR filed by HSBC)

 

 

 

Compliance Ireland Regulatory Services Limited
Lower Ground Floor, 13 Adelaide Road,

Dublin 2, Ireland
email@complianceireland.com


tel: +353 1 425 5962
fax: +353 1 633 5005 


On this Resources page you will lots of useful resources and the underlying links to our newsletters and compliance documents.

  • Compliance Ireland created this page to help legal & compliance practitioners and regulators locate Irish and relevant international data often difficult to find on the internet.

 

  • If you come across a publicly available document that you think should be added to this page please email us at email@complianceireland.com

 

Scroll through this page and download want ever you want!

 

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Compliance Ireland Regulatory Services Limited - (CRO 430127)           City Compliance Regulatory Services Limited - (CRO 430128)

Registered Office: Lower Ground Floor, 13 Adelaide Road, Dublin 2, Ireland

Telephone: +353 (0) 1 425 5962
Fax: +353 (0) 1 633 5005, London Office: +44 (0) 207 193 3518