Ireland: Finance and Banking

The implementation of CRD VI introduces a new regulatory framework governing how non-EU credit institutions and undertakings can provide core banking services within the European Union. Ireland's transposition of Article 21c requirements on 10 July 2026 creates both opportunities and interpretive challenges for firms navigating deposit-taking, lending, and guarantee provision in the post-January 2027 landscape.

The European Commission has proposed significant amendments to the EU's securitisation framework, aiming to remove barriers in the market while maintaining investor protections. With the Council and Parliament having finalized their positions, trilogue negotiations are now underway under Ireland's EU Presidency, testing the balance between market liberalization and regulatory safeguards.

Rob Cain and Sarah Thompson examine the implications of Ireland's transposition of CRD VI Article 21c, focusing on cross-border lending challenges, reverse solicitation exemptions, and grandfathering provisions.

The Department of Enterprise, Tourism and Employment has launched a public consultation on targeted reforms to the Limited Partnerships Act 1907, proposing changes that could significantly impact Ireland's private funds landscape. The consultation addresses three key areas: increasing the maximum number of partners from 20 to 149, introducing a statutory whitelist of permitted activities for limited partners, and allowing greater flexibility regarding capital contributions and withdrawals.

From 11 January 2027, non-EU banks and significant investment firms must establish licensed branches in each EU Member State where they provide core banking services, or operate through authorized EU entities. Ireland has implemented CRD VI's Article 21c requirements through faithful transposition, introducing a third-country branch regime that affects cross-border lending involving Irish companies, with important exemptions including reverse solicitation that may enable continued market participation.

The European Single Access Point (ESAP) Regulation introduces new procedural obligations for issuers of securities in Ireland, requiring parallel submission of prospectus, transparency, and market abuse information...

The Court of Appeal¹ has this month issued an important judgment clarifying the law on the enforcement of possession orders in Ireland. The Court held that the 12-year limitation period prescribed by the Statute of Limitations 1957 for "actions upon a judgment" does not apply to applications for leave to issue execution of a possession order.

When lending to an Irish company under English or US law, specific filing and registration requirements apply to security documents.

The Central Bank of Ireland (CBI) has two consultations under the Finance (Provision of Access to Cash Infrastructure) Act 2025 (the Act) closing on 4 March 2026.

The European Commission has proposed significant amendments to the Sustainable Finance Disclosure Regulation (SFDR), introducing a simplified disclosure framework and new product categorisation system to address widespread criticism of complexity and compliance burdens. The proposal, part of the EU's competitiveness agenda, aims to replace the existing Article 8/Article 9 framework while balancing regulatory efficiency against ambitious climate targets.

The Irish Government has published its Autumn 2026 legislative programme, outlining 32 priority bills including key financial services reforms. Central Bank Governor Gabriel Makhlouf delivered speeches addressing European banking fragmentation, capital markets union, and the evolving payments landscape, while the EBA released final guidelines on third-party risk management for non-ICT services.

Ireland is introducing a new tax-efficient Investment Account from July 2027, allowing residents to invest up to €12,000 annually with a €50,000 tax-free threshold. The initiative aims to encourage retail investment by eliminating complex tax rules like deemed disposal and replacing them with a simplified 1% annual tax on amounts exceeding the threshold.