Individual Accountability Framework: Conduct Risk (HYBRID)

 

Individual Accountability Framework:

Conduct Risk 

  

Webinar Details

Date: Wednesday, 22nd February

Time: 13:00 - 14:00 (refreshments served from 12:30pm)

CPD: 1 hour LCI, FCI(Compliance), FCI (Ethics), CECA, Professional Banker, Chartered Banker, Certified Bank Director, Certified Investment Fund Director

Fee: €25 for members, €35 for non-members 

Venue: Hybrid - GoToWebinar and in-person at IFS Skillnet, 84/86 Baggot Street Lower, D02H702

Overview: 

  • Conduct standards

Individual conduct standards and lessons from the Staley/Barclays Bank case in the UK.

Compliance statements and due diligence certification of employee/senior executive fitness and propriety.

The role of “out-of-office” conduct on a person’s fitness and propriety – drawing the line between conduct which is, and is not, relevant to regulatory performance of functions.

  • Managing legal professional privilege (“LPP”) pre-investigation/during investigation

Overview of LPP.

Distinction between (a) lawyers (LPP applies potentially) and other legal experts and compliance consultants/professionals (LPP does not apply).

How is LPP treated under the 2013 Bill?

What are the practical implications for document management/preservation pre-investigation and during an investigation?

  • The spectre of the private right of action against a firm

The customer right of action against a firm to recover loss caused by firm’s regulatory breach: s.44 Central Bank (Supervision and Enforcement) Act 2013.

Interplay with individual accountability regime under 2013 Bill – employee/senior executive not liable under s.44.

How to manage risks of conflicts of interest as between firm and employee/senior managers under the shadow of personal liability for s.44 damages.

 

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Speakers 

John Breslin, Senior Council, The Bar of Ireland 

John Breslin is a senior counsel practising at the Bar of Ireland specialising in banking and financial services law. John is the original author of Banking Law (now in its 4th edition). He has recently acted for regulated institutions across a broad range of areas including AML/CFT, MiFID, and capital adequacy regulation, and appeared for the Central Bank of Ireland in proceedings relating to the EU Sanctions Regulation. John also has experience of appearing in the Irish Financial Services Appeals Tribunal.

 David Naughton, Partner, Head of Financial Services, LK Shields Solicitors LLP

David Naughton specialises in financial services law. He focuses his practice on investment fund formation, debt capital markets and regulatory matters. He primarily represents institutional and entrepreneurial investment managers, financial services firms and private investment funds in all aspects of their business. David’s experience includes structuring investment management firms, hedge funds, private equity funds, hybrid funds and funds of funds; and structuring and negotiating seed and strategic investments. He also regularly advises investment management firms and their principals on legislative and regulatory compliance and acquisitions in Ireland. David frequently advises fund clients in the ESG and fintech spaces and is developing expertise in digital asset fund structures.

When
2/22/2023 1:00 PM - 2:00 PM
GMT Standard Time
Sign in or create an account to register Last day to register is 2/21/2023