Page 146 - Brook-Hollow Due Diligence Package

Joe Gavin, Partner
Head of Financial Services at ByrneWallace

With more than 30 years’ financial services experience in Ireland, Europe and the United States, Joe advises clients
on a broad range of regulatory and compliance issues which may affect their business. His expertise ranges from
setting up funds to debt structures, advising on creditors’ rights to coordinating high court applications, structuring to
restructurings and enforcements including liquidations.

Key Experience

In 2016, Joe returned to private practice setting up a financial services practice at ByrneWallace, where he advises
clients on a wide range of financial services transactions and financial regulation matters, including:

• An EU credit institution on the set-up of a Dublin branch under CRD IV
• A proprietary trading firm on exemptions for algorithmic trading and DEA under MiFID II, and secured an Irish
local trader licence as CRD IV exempt firm
• An EU market infrastructure firm on set-up under MiFID II in Ireland
• Several payment services firms on set-up in Ireland PSD2
• MiFID II product oversight governance requirements in relation to the provision of execution only services in
respect of complex products for retail pension fund clients, and the set-up of a related investment platform
• Adviser to several investment platforms including real estate, private equity, UCITS investment funds, and asset
backed bond programmes in compliance with applicable regulations, including AIFMD, MiFID II, Prospectus,
Market Abuse, and Transparency Directives
• Adviser on Acquiring Transaction of regulated firm by leveraged buy-out
• Successful close-out of an 18 month AML inspection of a systemic regulated firm in Ireland
• Settlement of administrative sanction with the Financial Reporting Council in the UK on behalf of an Irish client
as a regulated person in the UK
• Adviser on MiFID II changes to full service professional and retail client agreements
• Adviser on Irish securities laws in relation to several ABS programmes listed on the MSM and GEM in Ireland an
Third Market of VSX.

Between 2010 and 2015, Joe was the first person appointed as General Counsel to the Central Bank of Ireland,
following the merger of IFSRA. Key roles and assignments included:

• Set up of newly established legal division and developing a of team of 30 lawyers advising on Central Banking,
Prudential Supervision of Banking, Insurance, Conduct, and general services as well as secretariat to the Bank’s
Administrative Sanctions Panel
• Restructuring of ANGLO Promissory Note for €31 billion in exchange for a portfolio of long term Irish
Government Bonds with consent of the ECB
• Initiation of High Court proceedings to wind-down Quinn Insurance, Custom House Capital and several credit
unions
• Implementation of all CBI legislation during this time, including Central Bank Reform Act, 2012, Supervision and
Enforcement Act, 2013, implementation of SSM, BRRD, MiFID II, CRD IV, Client Asset and Cash Regulations
etc.
• Successful defence of several Judicial Review proceedings brought against the CBI
• Member of the Legal Committee of the ECB between 2010 and 2015
• Member of the Irish Company Law Review Group responsible for the Companies Consolidation Act 2014 and the
ICAV legislation
• Member of the Deputy Governor Financial Regulation Policy Committee between 2012 and 2015.