This Practice Note discusses the definition and regulatory requirements for ‘high cost credit providers’ in Ireland. It explains that such providers must obtain authorisation from the Central Bank of Ireland (CBI) to offer high cost credit services. This Practice Note also covers the application process for authorisation, renewal requirements, and transitional arrangements, providing an overview of the regulatory regime for these financial providers. What is a high cost credit provider? According to s 97 of the Consumer Credit Act 1995 (Ireland) (CCA 1995 (IRL)) (as amended), a person who meets the definition of a ‘high cost credit provider’ is required to obtain authorisation from the CBI in order to provide these services. High cost credit providers were previously known as ‘moneylenders’, who were required to hold a ‘moneylender’s licence’ until the Consumer Credit (Amendment) Act 2022 (Ireland) (CC(A)A 2022 (IRL)) took effect on 14 November 2022. A ‘high cost credit provider’ is a person who: • engages in the provision of ‘high cost credit’, being credit supplied by a high cost credit provider

Payment service providers—the regulatory framework SI No 6/2018 EU (Payment Services) Regulations 2018 (Ireland) (SI No 6/2018 (IRL)), which transposes into Irish law the second Payment Services Directive (EU) 2015/2366 (PSD2). For further guidance on PSD2, see Practice Notes: • EU regulation of payment services—essentials • EU Payment Services Directive 2 (EU PSD2)—one minute guide SI No 6/2018 (IRL) also made amendments to SI No 183/2011 European Communities (Electronic Money) Regulations 2011 (Ireland) (SI No 183/2011 (IRL)). For further guidance on SI No 183/2011 (IRL), see Practice Note: Ireland—The regulated activity of issuing electronic money. What are payment services? ‘Payment services’ are defined in the SI No 6/2018 (IRL) as ‘any business activity set out in Annex I of PSD2’. Directive (EU) 2015/2366, art 4(3), SI No 6/2018 (IRL), reg 2(2) and SI No 6/2018 (IRL), Sch 1 are subject to specific exclusions (SI No 6/2018 (IRL), reg 4(1) and Directive (EU) 2015/2366, art 3 (PSD2)—see below). The specified ‘payment services’ activities are: • services enabling cash to be placed

Introduction To deal with the discharge and release of security, it is necessary to consider: • the conditions to be satisfied before any release is effected, eg the redemption amount to be paid or consents to be obtained • notification to relevant third parties that the release has been effected, eg where a legal assignment by way of security of a contract has been released by re-assignment to the relevant security provider • the nature of the security interest and the appropriate method to release it (see: Choosing the appropriate document to release the security below) • the closing mechanics, particularly if the loan redemption is being funded by an asset sale or a refinancing • the removal of any registration made at the time that the security interest was created (see: Updating the registers following the release of security below), and • the location of the original title documents (the original property title documents and share certificates will need to be returned to the security provider when the lender’s security has been released) Releasing security—the

This Agreement is made on the [insert date] day of [insert month] 20[insert year] Parties 1 [insert name of party], a company incorporated in Ireland under number [insert registered number] whose registered office is at [insert address] (Consultant); and 2 [insert name of party], a company incorporated in Ireland under number [insert registered number] whose registered office is at [insert address] (Beneficiary). Background (A) The Consultant was engaged by [insert name] (Client) to carry out the Services at the Property and prepare the Report[s] (B) The Beneficiary is [insert beneficiary’s connection with the Property] and seeks to rely on the Report[s] The parties agree: 1 [insert details] 2 Definitions and interpretation 2.1 In this Agreement, unless otherwise provided: Report[s] • mean[s] [insert name of environmental report/s] [insert reference] prepared for [insert client name] [insert date] Property • means [insert address] Services • means [insert description of Consultant’s services] 2.2 References to the Consultant and the Beneficiary shall include their respective successors in title. 3 Warranty The Consultant confirms that it owes the Beneficiary a duty of care and that it has exercised all reasonable skill and care expected of a competent and properly qualified member of its profession experienced in carrying out the Services

Types of remedy This Practice Note outlines the civil remedies available in Ireland to the proprietors of Irish and/or EU trade mark registrations where there has been trade mark infringement. The Trade Marks Act 1996 (Ireland) (TMA 1996 (IRL)) identifies remedies available for the infringement of trade marks in Ireland, while Regulation (EU) 2017/1001 (the EU Trade Mark Regulation) lays out the governing law surrounding EU trade marks. SI No 360/2006 European Communities (Enforcement of Intellectual Property Rights) Regulations 2006 (Ireland) (the 2006 Regulations) also provides a number of reliefs available to the owners of infringed trade marks, which will be discussed in turn. TMA 1996 (IRL), s 18(2) provides that: ‘In an action for infringement of a registered trade mark all such relief by way of damages, injunctions, accounts or otherwise shall be available to the proprietor as is available in respect of the infringement of any other property right.’ Article 130 of the EU Trade Mark Regulation provides that: • where an EU trade mark court finds that the defendant

This Checklist on remotely accessed mediations summarises the key considerations when deciding whether and, if so, how, to engage in a remotely accessed mediation via video conference (VC). The arrival of the coronavirus (COVID-19) pandemic saw an increase in the use of remotely accessed mediations, ie mediations carried out online by way of VC. VC mediations (also commonly referred to as ‘online mediation’, ‘remote mediation’ and ‘remotely accessed mediation’) are not the only means of conducting a non face-to-face mediation, you can also mediate by telephone. That said, the ease and increased user functionality of the various platforms offering VC have lent themselves well to the process for remote access mediation. The information below identifies the key areas to think about when considering whether to engage in a remote access mediation with links to detailed guidance on these areas. Consideration Comments Can parties be required to mediate, whether face-to-face or remotely? Although mediation is generally voluntary, the High Court has confirmed that, in an appropriate case, the court may direct parties

This Checklist sets out employers’ considerations regarding policies and requests for remote and hybrid working arrangements. Remote and hybrid work request checklist This Checklist sets out important considerations for employers at three points relating to hybrid remote and hybrid working arrangements: (i) creating a policy, (ii) considering a request and (iii) communicating a response to a request. It may be advisable for employers to devise both a hybrid and remote work policy simultaneously. The premise of this Checklist is that a hybrid or remote work arrangement means that workers would spend a part of the working week onsite at the employers’ premises, and part of it at home (while continuing to fulfil work obligations). Creating a policy Employers are advised to create a policy regarding hybrid and remote work requests, and to communicate this policy to its workforce. By setting out a policy, employers provide themselves with the opportunity to establish the framework for such requests. While it may not be definitive, a policy offers employers the occasion to identify priorities with

Background This Practice Note examines the legal and practical issues for employers to consider in relation to remote working arrangements. The concept of remote working has been around for some time, however the experiences of the coronavirus (COVID-19) pandemic, during which many employees worked entirely, or primarily, from home resulted in a huge shift in work practices. Remote work is emerging as an increasingly common work arrangement. The government introduced the Work Life Balance and Miscellaneous Provisions Bill 2022 to fulfil their obligation to implement Directive (EU) 2019/1158 (the Directive) on work-life balance for parents and carers. For further information on the Directive, see Practice Note: The EU Work-Life Balance Directive. Following widespread criticism of this initial stand-alone bill, and it’s failure to reflect commitments made in Making Remote Work: National Remote Work Strategy (DETE, 2021)—guidance issued by the government in 2021 in relation to remote work, the bill was amended to include a stand-alone right for all employees to request ‘remote working arrangements’. An employee now has the statutory right under Part 3 of the Work

This Practice Note looks at how a company secretary of an Irish company may be removed. It does not discuss how a company secretary may be appointed or resign, as to which see Practice Notes: Ireland—Appointment of a company secretary and Ireland—Resignation of a company secretary. Removal of a company secretary The Companies Act 2014 (Ireland) (CA 2014 (IRL)) does not contain any provisions relating to how a company secretary may be removed, save that it says that the company secretary shall be ‘appointed by the directors of the company... and may be removed by them’. The company’s constitution or the company secretary’s contract of employment may include specific provisions regarding how and when the secretary may be removed from office and should be reviewed. The decision to remove the company secretary would usually be made by a decision of the company’s board of directors, subject to the relevant provisions of the company’s constitution and the terms of any applicable

This Practice Note has been produced in partnership with Liam Boyle, Of Counsel, Eversheds Sutherland LLP. Removal from office Resolution to remove a director by ordinary resolution A director may, notwithstanding anything in a company’s constitution or contained in any agreement between the director and the company, be removed from office by ordinary resolution of the members before their period of office expires. The right of members to remove a director is governed by the Companies Act 2014 (Ireland), s 146(1) (CA 2014 (IRL)). It cannot be contracted out of, therefore overruling anything in a shareholders’ agreement or director’s contract of service, however, CA 2014 (IRL), s 147 expressly provides that removal of a director by ordinary resolution will not affect the director’s right to compensation or impact damages payable to them. It is important to note that this right does not apply to directors holding office for life (in accordance with the company’s constitution). In practice this type of directorship is very unusual. For a sample ordinary resolution to remove a director from office,

This Precedent sets out standard wording for an ordinary resolution to be passed by the shareholders of an Irish private company limited by shares pursuant to their statutory rights to remove a director of the company from office. The resolution should be inserted into the appropriate document, which will depend on how the resolution is to be proposed. Once the resolution has been passed a Form B10 should be filed with

Rent authority letter—commercial property This Precedent is a letter from a previous landlord to a tenant of commercial premises, notifying the tenant of the transfer of the reversion to the commercial lease and directing the tenant to pay rent to the new landlord (sometimes known as a rent authority letter). The Precedent may easily be modified to be given by the new landlord although in practice the letter is often given by the previous landlord. If the purchaser is also financing the acquisition of the property with debt finance then the lender may well require the new landlord/borrower to prepare rent authority letters to send to each tenant if the lender requests that the rents are paid into a specific bank account. The form of these letters will usually need to be approved by the lender's solicitor. This Precedent may be easily modified for