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Banking

Ireland

The Irish Bankers Federation and the Consumers Association of Ireland have called on the government to review the imposition by retailers and service providers of surcharges on consumer payments made using credit or debit cards. Both organizations contend that surcharging should be very strictly monitored and controlled, if not completely abolished.

In the context of a general review of the regulatory regime, a new Consumer Protection Code is in the process of being finalized. The new code, which will adhere to the concept of a principles-based regulator, will apply to financial services providers regulated by the Irish Financial Services Regulatory Authority insofar as they are providing services to 'private customers'.

New regulations have extended the scope of the term 'consumer' to improve access to the complaints procedure provided by the financial services ombudsman. Unincorporated bodies and any incorporated body which has an annual turnover of €3 million or less (provided that it is not a member of a group of companies having a combined turnover greater than €3 million) will now have access to the scheme.

Corporate Finance/M&A

Ireland

Overview
Including: M&A Market; M&A Activity in 2004; Acquisitions; Public Company Takeovers; Merger Notifications; Transfer of Undertakings.

Including: Merger Control; Competition; Takeover Panel; Post-Acquisition Dissenting Minority; Financial Assistance; Disclosure of Interest in Shares; Transfer of Undertaking Regulations; European Works Councils; Stamp Duty.

When implementing an M&A transaction the buyer and seller need to be fully aware of the legal issues pertaining to the workforce. If they fail to manage this part of the process it may come back to haunt them and, in certain circumstances, prevent the deal from closing.

Management buy-outs are highly geared transactions for which finance must usually be located. This will generally take the form of equity finance and loan finance, and in certain cases maybe hybrid types of finance such as mezzanine loan finance or convertible loans.