Ireland—Authorisation of an Investment Business Firm in Ireland

Produced in partnership with Jeffrey Horahan of Simmons & Simmons and Derek Lawlor BL of Simmons & Simmons
Practice notes

Ireland—Authorisation of an Investment Business Firm in Ireland

Produced in partnership with Jeffrey Horahan of Simmons & Simmons and Derek Lawlor BL of Simmons & Simmons

Practice notes
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This Practice Note explores key elements regarding the authorisation of an Investment Business Firm in Ireland pursuant to the Investment Intermediaries Act 1995 (Ireland) (as amended) (IIA 1995 (IRL)).

The Irish Legal and Regulatory Framework for the Investment Intermediaries Act 1995 (Ireland)

Regulatory harmonisation of investment firms operating within the EU began in 1993 with Directive 93/6/EEC on the capital adequacy of investment firms and credit institutions (Capital Adequacy Directive) and Directive 93/22/EEC on investment services in the securities field (Investment Services Directive). The Capital Adequacy Directive aimed to establish uniform capital requirements for investment firms and credit institutions, and the Investment Services Directive aimed to establish the conditions under which investment firms authorised and supervised by their home Member State regulator could freely provide specified services and access regulated markets in other Member States. The Capital Adequacy Directive and the Investment Services Directive were given effect in Ireland through the enactment of the IIA 1995 (IRL).

The Capital Adequacy Directive and the

Jeffrey Horahan
Jeffrey Horahan

Barrister (Supervising Associate), Simmons & Simmons


Jeffrey joined Simmons & Simmon’s Dublin office in 2022 and is a member of the firm’s financial services regulation team. Jeffrey is a barrister and a Fellow of the Chartered Institute of Arbitrators.

Jeffrey primarily advises on the Irish and EU regulatory perimeter, and works across a wide range of clients. He advises on MiFID II, payment services, e-money and cryptoasset regulation, securities regulation, domestic banking regulation, AML, fitness & probity matters, environmental, social and governance (ESG) issues and sustainable finance, and the rules of the Central Bank of Ireland.

Prior to joining the firm, Jeffrey practiced at the Bar of Ireland for a number of years. During this time, Jeffrey was an adjudicator for the Financial Services and Pensions Ombudsman, a panel member for the provision of legal and related services to the Central Bank of Ireland, appointed an Independent Appeals Office for the National Childcare Scheme, and acted for the Mother and Baby Homes Commission of Investigation. Jeffrey also has a number of publications in the Commercial Law Practitioner.

Derek Lawlor
Derek Lawlor, BL

Derek is a partner in Simmons & Simmons and leads the firm’s financial services regulation practice in Dublin. Derek advises extensively on the regulatory and conduct obligations which apply to Irish credit institutions, MiFID investment firms as well as other financial service providers including e-money institutions, payment services providers and virtual asset service providers. Derek also advises on the EU sustainable finance regime, including the Taxonomy, and on Irish conduct rules, including the proposed new individual accountability regime and SEAR.

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Jurisdiction(s):
Ireland

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