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

Our Papers

Third Money Laundering Directive: Overcoming Remaining Implementation Challenges - (presentation to ACAMS AML/CTF Conference on 8 June 2010, Amesterdam by Peter Oakes, Compliance Ireland). This is a large file (2MB)

Electronic Data Electronic Marketing - Examples and Practicalities - (presentation to Irish Computer Society 2nd Annual Data Protection Conference, 25 March 2010 by Peter Oakes, Compliance Ireland). This is a large file (3MB).

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) 

2010 AML/CFT Law

This section includes documents relating to the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, the Bill as issued in July 2009, the Scheme (i.e. the precursor to the Bill published 12 February 2008) and the EU AML/CFT Directives.

The Act, Countries of Equivalence and Commencement Order

As at 21 July 2010:

  • Click here for copy of the 2010 Act
  • Click here for Minister's press release announcing that Act has been signed into law (10 May 2010)
  • Click here for SI 343 of 2010 (Countries of Equivalence / places designated under section 31 imposing requirements equivalent to Ireland.
  • Click here for SI 342 of 2010 (Commencement Order)
  • Download Financial Crime and MLRO Services brochure here

Guidance Notes

Versions of the Bill

As at Wednesday 28 April 2010 (updated 13 May 2010):

  • Click here for a copy of the final Bill as passed by the Oireachtas (but not signed into law) on 28 April (released 13 May 2010)
  • Click here for a copy of the Bill (produced in good faith) by Compliance Ireland while we await publication of the official version. This document is created by manuscript entries of Seanad amendments accepted by the Dail on 28 April 2010. As soon as the official version is uploaded onto the Oireachtas website, it will appear above.
  • Click here for an extract of Oireachtas proceedings on the day the Bill was passed.

Timeline -

(1) European Commission State of Play of Directives showing Ireland as the only country as 4 May 2010 as not having confirmed compliance with the 3rd EU Directive. Click here

(2) Compliance Ireland's timeline on the Bill is available here (out of date)

European Directives

Early versions of the Bill, amendments and Scheme

11 March 2010:

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

read in conjunction with:

19 March 2010 (Seanad Éireann) - Amendments to Bill in Select Committee Stage

11 March 2010 (Seanad Éireann) - Record of Select Committee's debate

11 March 2010 (Seanad Éireann) - Proposed amendments to the Bill in the Select Committee Stage

2 March 2010 (Seanad Éireann) - Record of Second Stage debate

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

17 February 2010 (Dáil Éireann) - Record of Report Stage discussion of 17 February 2010 on Compliance Ireland's submission

14 February 2010 (Dáil Éireann) - Criminal Justice (Money Laundering & Terrorist Financing) Bill 2009 with amendments engrossed as at 14 January 2010 See above for the latest version of the Bill .

 

The Scheme

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

Financial Regulator Resources

 

CONSULTATIONS

CP56 - Protocol between the Central Bank and the Auditors of Regulated Financial Services Providers - August 2011

CP55 - Code of Conduct for Business lending to Small and Medium Businesses - August 2011

CP54 - Consumer Protection Code (Second Consultation) - June 2011

CP53 - Corporate Governance Code for captive Insurance and captive Reinsurance Undertakings - May 2011

CP52 - Proposed Changes to the Regulatory Reporting Requirments for Irish investment firms - March 2011

CP51 - The Fit and Proper Regime in Part 3 of the Central Bank Reform Act 2010 - March 2011

CP50 - Amendments to UCITS Notices, NU Notices and Guidance Notes to reflect UCITS IV and other changes - February 2011

CP49 - Impact Metrics - December 2010

CP48 - Minimum Activities for Funds - October 2010

CP47 - Consumer Protection Code - October 2010

CP46 - Mortgage Arrears - August 2010

CP45 - Minimum Competency - June 2010

CP44 - Credit Union Stabilisation - June 2010

CP43 - Related Party Lending - May 2010

CP42 - Investment Guarantees - May 2010

CP41 - Corporate Governance Requirements for Credit Institutions and Insurance Undertakings - April 2010

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

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

Registrar of Credit Unions appointed - 23 April 2010

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)

CRD II

CRD III Directive

Central Bank Guide to Implementation of CRD II and CRD III

Other Documents

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 CREDIT INSTITUTIONS

Central Bank and Credit Institutions (Resolution) Bill 2011

 

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)

UCITS IV

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

Compliance Ireland Briefing Note - issued July 2008

European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 - issued June 2011

Regulation of Reinsurance Firms

Corporate Governance for Reinsurance Undertakings - December 2007 revised January 2010

Additional Requirements for Life Finite Reinsurance - January 2010

Additional Requirements for Non-Life Finite Reinsurance - January 2010

Additional Requirements for Financial Reinsuance - January 2010

Requirements for Composite Reinsurance Undertakings - December 2009

Requirements for Life Reinsurance Undertakings - December 2009

Requirements for Non-Life Reinsurance Undertakings - December 2009

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

CODES OF CONDUCT

CODES: CORPORATE GOVERNANCE NEW!

Corporate Governance Code for Captive Insurance and Captive Reinsurance Undertakings - August 2011

Corporate Governance Code for Credit Institutions and Insurance Undertakings - October 2010

Codes: Consumer Protection Code

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

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 

CODES: Money Lenders - Consumer Protection Code

The Consumer Protection Code for Licensed Moneylenders is aimed at leading to greater consumer protection.  The General Principles of the moneylender’s code came 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

 

Codes: Banks - mortgage arrears - code of conduct

The Code of Conduct on Mortgage Arrears took effect from Friday 27th February 2009.

Code of Conduct on Mortgage Arrears - February 2009

Codes: Banks - business lending to small and medium sized enterprises

The Code of Conduct for Business Lending to Small and Medium Sized Enterprises took effect from Friday 13th March 2009.

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

CODES: BANKS - LENDING TO RELATED PARTIES

The Code of Practice for lending to related parties was published on 20 October 2010 and takes effect from 1 January 2011.

Code of Practice for lending to related parties - October 2010 (effective January 2011)

CODES: BANKS - Account Switching

The Code of Practice for switching accounts between credit institutions takes effect from 1 October 2010.

Code of Practice for Switching Accounts - October 2010 (effective October 2010)

 

Enforcement Actions

Settlement Agreement - MBNA Europe Bank Limited 21 June 2011

Settlement Agreement - MBNA Europe Bank Limited - Quotes from Central Bank - 21 June 2011

Settlement Agreement - Scotiabank (Ireland) Limited 2 June 2011

Settlement Agreement - Innovative Mortgages 3 March 2011

Settlement Agreement - Innovative Mortgages - Notes - 3 March 2011

Settlement Agreement - NCB Stockbrokers 18 December 2010

Settlement Agreement - Allied Irish Banks 17 December 2010

Settlement Agreement - Endowment Policy Purchasing Company 9 November 2010

Settlement Agreement - Inveralmond Insurance 6 September 2010

Settlement Agreement - Creation Insurance 6 September 2010

Settlement Agreement - Culleton Insurance 15 June 2010

Settlement Agreement - Allied Irish Banks plc 21 May 2010 (Supplemental Information)

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

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

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

Settlement Agreement - Pat Treacy Insurance Brokers Limited 5 November 2009

Settlement Agreement - Quick Quotes Limited 5 November 2009

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

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 -

22 December 2010: Rooney Gallagher Private Equity Partners LLC (Ireland and Hong Kong)

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

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.

 

Strategy And Reporting

2009 Financial Regulator Annual Report

2008 Financial Regulator Annual Report

2007 Financial Regulator Annual Report

2006 Financial Regulator Annual Report

2006 Central Bank Annual Report

Enforcement Strategy 2011-2012

Strategic Plan 2010-2012

Strategic Plan 2008-2010

Strategic Plan 2007-2009

 

Investor Protection & Bank Guarantee Scheme

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

European Communities (Payment Services) Regulations 2009

Financial Regulator Prudential Requirements October 2009

Corporate Governance

FRC Guidelines on Board Effectiveness (March 2011) - NEW!

Financial Services Ombudsman

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)

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 

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

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