Module 1 Corporate Governance, Risk and Compliance
Content
Introduction to the Irish Financial Services Sector
History and background to the establishment of the International Financial Services sector
Current industry position, strategy and future
Introduction to Regulation & Compliance within the financial services sector
The Role of the Compliance Officer
Terms of Reference of the Compliance Officer
Introduction to Corporate Law & Governance
Legal Framework
Corporate Governance within the Financial Services Sector
Defining governance and its application to authorized financial services providers
Powers and duties of Directors
Statutory regulations
Duties and roles defined
Restrictions and disqualifications
Transactions involving Directors
Legal framework and applicable regulations
Corporate Compliance & Secretarial Management
Statutory framework and best practice
Office of the Director of Corporate Enforcement
Statutory Powers and functions
Terms of Reference
Investigation, compliance and enforcement
Governance from a practitioners perspective
Best practice and knowledge management
The Proposed New Companies Bill
Preparing for the future
Corporate governance a focus on the financial services sector
Sector specific issues and how they are addressed
Introduction to risk in the context of a solicitor acting as in-house counsel
Law Society guidelines for in-house counsel
In-house counsel view of risk
Risk assessment and management
Risk analysis, accountability, operational risk, classifying risk and exposure to risk
Module 2- Investment Funds
Content
Introduction to the funds Industry in Ireland
The establishment of the International Financial Services Centre (the IFSC)
The Dublin Fund Industry Association & Statistics in Dublin
Role of the IFSRA and what is a fund/collective investment scheme
Role of Promoters, Management Company, Investment Advisers, Trustee, Service Providers, Accountants, Advisers
Introduction to funds
Application for approval of Promoter, Manager and Investment Manager by IFSRA
Authorisation of fund by IFSRA and process involved
Preparation of authorization documentation e.g. prospectus, memorandum and articles of association, trust deed, partnership agreement, administration agreement form
Review of prospectus by IFSRA
Fund Listing Procedure
Listing documents and listing procedure of the ISE
Listing of shares or units on the ISE and listing particulars
Listing of both Irish domiciled and foreign domiciled funds
Examination of directors
Types of collective investment schemes and their objectives
Types of collective investment schemes and their objectives
Umbrella funds and sub funds
Open ended and closed ended schemes, feeder funds, venture funds, fund of funds, retail fund, professional and qualifying investor fund, property schemes, hedge funds, umbrella funds
Professional investors, qualifying investors, retail investors, institutional investors and other investors
UCITS Funds
Unit Trusts, Variable capital investment companies
UCITS Directives, regulation and notices
Investment restrictions for UCITS
Borrowing powers, redemption, capital, EU. Passport
Non-UCITS Funds
Unit trusts, variable capital investment companies and limited partnerships
Investment limited partnership Act 1994
IFSRAs Non-UCITS notices and burrowing powers
Unit Trusts & Investment Companies
Trust deed, management company
Unit Trust legislation and regulations
Issue, redemption and transfer of units
Role and liability of Trustee
Termination
Investment Company memorandum & articles of association
Part XIII Companies Act 1990 or UCITS regulations
Issue, redemption & transfer of shares
Board of Directors, incorporation and termination
Administration of fund administration agreements and related agreements
Administration of fund administration agreement
Duties of trustees & custodian agreement
Duties of investment manager
Management agreement and investment advisory agreement
Determining the net asset valuation (NAV) per share or unit
Supervision of funds by IFSRA
Supervision of funds by IFSRA
IFSRA guidelines and notices for UCITS and non-UCITS
Restrictions on investments of schemes
Restrictions on advertising guidelines-marketing of funds
Investment funds, companies and legislative provisions
Introduction to the General Irish Financial Services Sector
History and background to the establishment of the International Financial Services sector
Current industry position, strategy and future
Introduction to Regulation & Compliance within the financial services sector
The role of compliance
Terms of Reference of the Compliance Officer
Introduction to Corporate Law & Governance
Legal Framework
Corporate Governance within the Financial Services Sector
Defining governance and its application to financial services providers
Powers and duties of Directors
Statutory regulations
Duties and roles defined
Restrictions and disqualifications
Transactions involving Directors
Legal framework and applicable regulations
Corporate Compliance & Secretarial Management
Statutory framework and best practice
Office of the Director of Corporate Enforcement
Statutory Powers and functions
Terms of Reference
Investigation, compliance and enforcement
Governance from a practitioners perspective
Best practice and knowledge management
The Proposed New Companies Bill
Preparing for the future
Taxation of Collective Investment Schemes & Exemptions
Taxation of collective investment schemes and exemptions
Foreign schemes and taxation of foreign domiciled funds
European passport and relocating funds
Regulatory compliance, statutory returns & reports
Regulatory compliance money laundering
Monthly returns, annual and half yearly accounts, capital requirement, filling requirements with IFSRA
Continuous secretarial compliance & statutory books
Recent developments
Module 3- Credit Union Law
Content
Credit Union Governance
Background to Credit Unions
Directing the credit union, management and control of the credit union
Managing the credit union
Control of the credit union
Role of supervision within the credit union
Individual volunteer roles & responsibilities
Credit Union Operations
Credit Unions and their organizational framework
Credit Union legal framework
Membership requirements and the common bond
Credit union core services
Internal control issues
Member services
The Legislative Framework of Credit Unions
Credit union legislation
Credit union regulation
Compliance for credit unions
Regulatory compliance
Lending & Credit Collection
Lending and legislation
Lending framework
Lending assessment
Credit control
Credit Union Finance
The finance function in a credit union
The fundamentals of accounting
The income & expenditure account
The analysis and use of accounting information
Credit Union Insurance
Financial products
Legal & regulatory principles of insurance
Payment protection insurance
General credit union insurance policies, home union, auto loan and travel insurance
Loan protection, life savings insurance and death benefit insurance
Mortgages and pensions
Anti-money laundering and data protection for authorized products
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