Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland

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Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
June Issue 2021

Accountancy Plus
The Official Journal of CPA Ireland

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   Strategy for
      Ireland
Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
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Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
1

Editorial                       President’s Message

                                                                                                                                          PRESIDENT’S MESSAGE
Accountancy Plus                Welcome to the June 2021 edition
June 2021                       of Accountancy Plus.

                               It gives me great pleasure to be writing my          Technology and sustainability often go hand
                               first President’s Message for the June edition       in hand as advances in technology can
CPA Ireland                    of Accountancy Plus. It is a privilege to serve      remove processes and minimise the impact
                               the Institute at this level and to give something    on the environment. For example, just over
17 Harcourt Street,            back to CPA Ireland as my CPA qualification has      12 months ago, CPA Ireland was deferring its
                               served me so well. I look forward to meeting         April examinations due to the impact of the
Dublin 2, D02 W963
                               with you, hopefully in person, and working with      pandemic. Fast forward to now, and we have
                               many of you over the coming months. I’d like         pivoted to online examinations which are
T: 01 425 1000                 to thank John Devaney for leading CPA Ireland        invigilated through artificial intelligence.
F: 01 425 1001                 through such a turbulent time and I want to          No travel requirements for students, no couriers,
                               continue building on the excellent work that         no paper, and a much leaner process map
Unit 3,                        John and the many Presidents before him have         which can see examiners marking scripts within
                               done.                                                hours of exam completion.
The Old Gasworks,
Kilmorey Street,               I am conscious of the unique contribution            The benefits of this change in process are
Newry, BT34 2DH                made by each and every Past President of             measurable, are customer centric and are
                               CPA Ireland and I was sad to hear that Norman        sustainable in terms of the positive impact
                               Adams (Malahide) passed away last month.             on the environment. When we speak about
T: +44 (0) 28 3025 2771        May Norman rest in peace.                            agility and adaptability, we do not have to look
W: www.cpaireland.ie                                                                further than CPA Ireland for some excellent
                               There are a number of core issues that
E: cpa@cpaireland.ie                                                                examples!
                               I would like to highlight during my term of
                               office as President of CPA Ireland. Technology,      Turning to the world of work and taking
Editor                         sustainability, the world of work and recovery       account of the acceleration in remote working
Patricia O’Neill               readiness are all the major themes which the         due to the pandemic, we now appreciate that
                               Council and executive team are taking account        remote working is here to stay. CPA Ireland
                               of in terms of service delivery and providing        will provide, and is already providing in many
Chief Executive
                               value for members in 2021 and beyond.                respects, the supports for members and
Eamonn Siggins                                                                      students to thrive in the new world of work.
                               The accountancy profession is, in every respect,
                                                                                    We look forward to a greater emphasis on
                               not going to do things differently but will do
Editorial Adviser                                                                   support for CPAs as individuals who are facing
                               entirely different things. Already, technology
Róisín McEntee                                                                      the challenge of separating work from life in
                               is augmenting the role of the accountancy
                                                                                    this new world of work. Social isolation,
                               profession. The enforced shift to remote
                                                                                    motivation, engagement, and the power to
Technical Adviser              working in 2020 has accelerated the
                                                                                    switch off, to disengage and to be mindful
Alan Bailie                    requirement for digital skills, and for CPAs and
                                                                                    of self are all themes that will be supported
                               the businesses we serve to take best advantage
                                                                                    strongly by CPA Ireland.
                               of technology. We are well placed in CPA
Advertising                    Ireland, with great support from Skillnet Ireland,   Recovery readiness will be informed by the
Ciara Durham                   to offer our members a suite of services in          insightful perspectives of CPAs who hold a
T: 086 852 3463                2021 to facilitate digital skills enhancement        unique position as advisers, to over 100,000
E: accountancyplus@gmail.com   to whatever extent an individual CPA requires.       businesses across Ireland. The economic
                                                                                    forecasts, post pandemic, are positive but we
                               Sustainability, including environmental,
                                                                                    know from experience that economic
Published by                   social and governance issues, has moved
                                                                                    recovery can be an unequal experience.
Nine Rivers Media Ltd.         to the top of the global agenda. In April we
                                                                                    As CPAs we will advocate for measures that
                               saw the European Union launch a Directive
T: 01 667 5900                                                                      spread that economic recovery across every
                               on Corporate Sustainability Reporting and
E: gary@ninerivers.ie                                                               sector and into every area.
                               this will change the landscape for business
                               reporting in Europe. The move from voluntary         Like everybody, I look forward to brighter days
Printed by                     reporting by multinationals is swiftly changing      ahead when we can convene physically and
Persona                        to global standards on sustainability reporting,     interact socially. John described himself as our
                               which will be proportionate and scalable for         first virtual President and it would be nice to
                               the SME sector.                                      think that John will be our only virtual President!
Distribution
Lettershop Services Ltd.       We are already seeing shifts in the marketplace      For my own part, I hope to be a hybrid
                               where lending institutions and multinationals        President combining the best of what we
                               are asking SMEs to demonstrate their                 have learned from operating virtually with
                               commitment to sustainability, before                 the dynamic benefits of meeting, engaging,
                               either lending or transacting business. The          listening, and learning in each other’s company.
                               developments in sustainability reporting are
                               progressing at pace and the demands for
                               non-financial information about business
                               performance will, certainly, become the norm.
                               Who better to give assurance on every aspect
                                                                                     Áine Collins
                               of business performance than CPAs?
                                                                                     President CPA Ireland

                                                                                                 Accountancy Plus June Issue 2021
Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
Contents

Institute                       Finance & Management             In Practice
President’s Message        01   Finance & Management             In Practice News             36
                                                            18
                                News
                                                                 Digital Transformation:
Institute News             52
                                The Digital Operational          the good, the bad and the
                                                                                              37
                                Resilience Act (DORA)            regulated
Publication Notices        61
                                - bigger, better, faster,   19   Caroline McCarthy
                                stronger
                                Rois Ni Thuama                   ISA (Ireland) 540 (Revised
CPA Profile                                                      December 2018) Auditing
                                                                 Accounting Estimates and     40
Carla Manning              07   Resilience & Recovery:
                                                                 Related Disclosures
                                Beyond Doom & Gloom         22
                                                                 Colm Divilly
Áine Kiely O’Donnell       08   Ronan Foley

                                The important role
CPD                                                              Personal Development
                                accountants have to play
                                in sustainable finance      25
News & Events              56                                    Gaining Respect
                                Sarah Moran &
                                Paddy Molony                     in the Workplace             43
                                                                 Ben Rawal
Student
Student News               60
                                Taxation
                                                                 IT
                                Tax News                    30
Opinion                                                          Digitising your Practice
                                                                                              46
                                                                 Alan FitzGerald
                                New VAT
An Economic Strategy
                                e-Commerce Rules
for Ireland – An Ansoff                                     31
                           03   Brendan Lynch and                Why accounting firms
Matrix Review                                                    need to use Desktop as a
                                Michael Brennan
Susan Hayes Culleton                                                                          50
                                                                 Service (DaaS)
                                                                 Matthew Chell
                                Non-Irish Employments
Financial Reporting             Exercised in the State –
                                Payroll and Income Tax      34
Financial Reporting News   10   Implications
                                James Bradley

Law & Regulation
Law & Regulation News      12

Ensuring a Safe Return
to Work: Employees &
                           13
Covid-19 Vaccine
Derek McKay

Ireland – 5th Anti-Money
Laundering Directive       15
Henry Duggan
Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
03

An Economic Strategy for Ireland

                                                                                                                                An Economic Strategy for Ireland by Susan Hayes Culleton
                                                                                                                                                                                           OPINION
An Ansoff Matrix Review
by Susan Hayes Culleton, “The Positive Economist”

Many of us are accustomed to strategic thinking, strategic reviews and critiquing strategy within
our organisations. However, what if we were to frame the Irish economy through a strategic lens?
During this article, I encourage you to come with me on a journey around the Ansoff Matrix whilst
positioning yourself as the CEO of Ireland Inc. Let’s focus entirely on what might be possible with
a view to dedicating resources where they could be most effectively invested for the economic
betterment of all.

The Ansoff Matrix is used to
determine a product and market
                                                              Ansoff Matrix - 2021 Strategy
growth strategy. There are four
quadrants:
                                                           Market                               Diversification
• market penetration (what you’re                        Development
  doing well and should keep doing)                                                                Innovation
• market development (take an                               Rural Ireland
                                                                                             Digital     Sustainability
  existing product and sell it to a new
  market)

• product development (take an
  existing market and develop a new                  Market Penetration                          Product
  product to sell to it)                              Agriculture      Global Irish
                                                                                               Development
• diversification (build a new product              Pharma Exports    Small Business
                                                                                                  Ecommerce
  and sell it to a new market)                       Foreign Direct
                                                                         Tourism
                                                      Investment

Market Penetration
Let’s begin by examining what Ireland
is good at doing and the evidence
                                          This represents 37% of the value of          average Irish salary of €40k as
of same. According to the “Annual
                                          total exports”.                              per Jobted) and for every ten jobs
Review and Outlook for Agriculture,
                                                                                       created by FDI in Ireland, 8 more jobs
Food and the Marine 2020”, the
                                          The reach of the Global Irish extends        are generated in the wider economy.
Agri-food sector provides between
                                          into every nook and cranny of the
10% and 14% of employment outside
                                          world. The Department of Foreign             In the “Significance of the SME Sector
of Dublin and the mid-east region.
                                          Affairs, Enterprise Ireland, Bord Bia,       in the Irish Economy” report prepared
Furthermore, the sector purchased
                                          Tourism Ireland, Irish Development           by Jim Power, Small and Medium
the majority or 78.6% of its materials
                                          Authority and others collectively have       Enterprises across Ireland employ
in Ireland in 2018 and almost
                                          an extensive geographic footprint.           1.06 million people in Ireland and
90% of the food produced in the
                                          There are many other Irish business          the latest Global Entrepreneurship
country is exported to international
                                          networks, international GAA teams            Monitor quotes “Over 3,000 people
markets. Ireland is a global hub for
                                          and Irish cultural societies dotted all      started a new business every month
pharma and medtech, playing host
                                          over the globe that offers a powerful,       in Ireland in 2019 and the rate of
to 24 of the top 25 biggest players,
                                          well-networked and welcoming                 early-stage entrepreneurial activity
including Johnson & Johnson,
                                          springboard for cultivating                  observed was the highest it has ever
Roche, Pfizer, Novartis and AbbVie.
                                          international relationships. Our             been since we began to track rates.”
According to the CSO, “Exports
                                          foreign direct investment approach
of Medical and pharmaceutical
                                          is the envy of many other nations.           Therefore, agriculture, export-led
products increased by €1,183 million
                                          According to the latest IDA figures,         industries, the Global Irish, foreign
(+35%) to €4,572 million in February
                                          the average salary in new investments        direct investment, and the SME sector
2021 compared with February 2020.
                                          is €59,384 (in comparison to the             have all contributed to the bedrock

                                                                                            Accountancy Plus June Issue 2021
Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
04
     of our economy since the turn of the        The Google search term “shop local         outpace that of in-store, we can see
     century and throughout the “Covid”          Ireland” increased by 540% in just         these trends aren’t futuristic but of
     year of 2020. So, where do we look          one week in October, according             the present. Ireland needs to develop
     now to build the next economic              to the search engine itself.               its product so that it can sell to its
     chapter of the Irish story?                                                            own market.
                                                 The Trading Online Voucher has
     Product Development                         made a significant impact on               Market Development
      There has been a massive shift             smaller businesses right around the        The Irish economy has been
      towards buying online and Irish            country, but we need to not just           characterised as open for decades
      online revenue followed suit.              enable payment on our website and          as exports have brought us a release
      According to Wolfgang Digital,             optimise them for keywords but             valve of economic woes in the past
     “E-commerce revenue for retailers           look at the bigger trends around the       and offered a platform to domestic
      grew by a seismic 159% in 2020.            world. Voice eCommerce is now in           businesses to thrive. However, the
      To give this context, average annual       many, many homes around Ireland            Covid-19 lockdown pushed Ireland
      growth from 2017 until 2019 had            today (and how many of you can             and the rest of the world into a great
      been 32%.” Unfortunately, Irish            now say you’ve asked Google Home           social experiment. Could we really,
      businesses haven’t had the capability      or Alexa’s opinion on where to spend       en masse, work from home? If so,
      in place to fully capitalise upon          your money?). Integration is now a         could we work from anywhere? This
      that growth and serve customers            primary question for many online           is rural Ireland’s opportunity. Lots
      in the local market. A recent study        businesses – imagine a smart fridge        of people can have urban jobs and
      from PayPal pointed out that “88%          could order its own online shopping        rural lifestyles. According to the Bank
      of Irish consumers who shopped             when it recognises that you’re             of Ireland 2020 first-time buyers
      online bought from websites outside        running out of milk … and imagine          survey more and more first-time
      of Ireland during the last year and        if it’s linked to your AirBnB account      buyers were considering a wider
      that better pricing, more choice           so that when you arrive to your new        range of properties and areas than
      and greater availability is driving this   accommodation, the fridge contents         ever before with the number of first-
      international shopping trend.” Even        is a replica of that at home. If we look   time buyers wanting to buy outside
      worse, consumers in Ireland want           to China, which this year eMarketer        Dublin hitting a 5-year high of 73%.
      to buy online from Irish retailers.        predicts, will be the first country
                                                 ever where eCommerce spend will            It’s incumbent now on the private
                                                                                            sector to create services, experiences
                                                                                            and employment opportunities to
                                                                                            support its “new” population. We’ve
                                                                                            seen this happen before. The “Wild
                                                                                            Atlantic Way” was a concept formed
                                                                                            in 2014 and the most recent Failte
                                                                                            Ireland Annual report identifies
                                                                                            that one in five jobs in the region
                                                                                            is dedicated to tourism before the
                                                                                            hospitality sector was shut down
                                                                                            in the country (… and a whole
                                                                                            other article could be dedicated
                                                                                            to an Ansoff Matrix review of this
                                                                                            sector). The Rural Regeneration and
                                                                                            Development Fund and the National
                                                                                            Remote Work Strategy is putting
                                                                                            public money, energy and attention
                                                                                            into this social and economic change
                                                                                            and it’s a unique chance that the
                                                                                            country has to get this right.

                                                                                            Diversification
                                                                                            Anybody that has studied the Ansoff
                                                                                            Matrix literature will tell you that
                                                                                            the “diversification” quadrant is the
                                                                                            riskiest of all. Taking a new product
                                                                                            to a new market is the one fraught
                                                                                            with uncertainty, but it’s also the one
                                                                                            where a rich reservoir of untapped,
                                                                                            or unseen by others, opportunity

     Accountancy Plus June Issue 2021
Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
05
may lie. Innovation is a word that we like, but we really
only want innovation that works out. As an entrepreneur

                                                                                                                 An Economic Strategy for Ireland by Susan Hayes Culleton
                                                                                                                                                                            OPINION
that has pursued innovative ideas in over a decade in
business, I can tell you that it can be both expensive
and disheartening when the market says no to your
innovative idea… or else tells you to “come back when
you can prove success through other clients”.

There is an excellent stakeholder alignment that exists
                                                                    Diploma in
in the entrepreneurial ecosystem called the “Innovative
Partnership”. A company can apply to Enterprise Ireland
                                                                    Update
                                                                Forensic    You
                                                                         Accounting
to supply 60 – 80% of funding for an innovative idea
where the company itself provides the rest of the money.
The money is given to a research centre in an Irish
university to execute the idea. If a successful outcome
happens (i.e. the company licenses the Intellectual
Property or the tech developed), then a revenue stream
is agreed between the company and the university. The
beauty of this connection is the government bears the
upfront cost that could be too high risk for the company
and yet triggers the innovative activity needed to pipeline
jobs and exports. On the part of the commercial partner,
this initiative activates financial investment, commercial
acumen and the company’s treasured client book. The
university can offer good, interesting, and solid jobs to
its own graduates and see cutting edge research turn
into a product or service. Each stakeholder puts in what
they’re best placed to do and gets out what they’re most
interested in. If it doesn’t work out, then the financial
burden is shared but jobs have been created, taxes will                Learn how an
have been paid and lessons have been learned along the
way.                                                             investigation works from
                                                                       start to finish
In our own business, we participated in a two-year
Innovation Partnership which resulted in us licensing
a proprietary algorithm for active peer learning that
enables us to run highly engaging training and event
facilitation online in a world of digital fatigue. Little did           Update You
we know it at the time, but it was the best preparation
we could have imagined for what was to come.

Moving from our micro example to the macro
                                                                Key Details:
economy, where can Ireland look for the mega trends?
In very broad terms, the answers are technology and             Where: Dublin & via live stream
sustainability. In narrow terms, there are two roadmaps
                                                                When: September 2021 - March 2022
laid out for the world.
                                                                CPD: 40 hours
The first is the United Nations “Secretary General’s
                                                                Cost: 1550 (non-members 1750)
Roadmap for Digital Co-operation”. There are nine
key areas including “Supporting global cooperation
on artificial intelligence that is trustworthy, human           Book now at:
rights based, safe and sustainable and promotes                 cpaireland.ie/forensic-accounting
peace” and “promoting digital public goods to unlock
a more equitable world—the internet’s open source,
public origins should be embraced and supported”.
Could Ireland be a global leader in machine learning,
Natural Language Processing or the Internet of
Things? Alternatively, could we turbo boost our digital
literacy right across all ages, spearhead open-source
development for learning or bridge inequality through
scalable tech reach?

                                                                              Accountancy Plus June Issue 2021
Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
The Disruptive Technologies                consideration of every construction         or resources they need to succeed
Innovation Fund has awarded €235m          project, then we will know that             as measured by their own version of
into a variety of sectors with the most    Ireland truly is a sustainability leader.   success and look with enthusiasm
recently announced tranche directed        If we look around us – for example          to the future where Ireland can
towards disruptive technologies            the European Commission has                 illuminate and lead the way forward.
in areas such as healthcare, food,         proposed that at least 25% of EU            We’ve done it before, and we’ll do it
factory safety, construction, industrial   expenditure will contribute to climate      again.
heating systems and maritime.              action during 2021-27, the attention
                                           that Greta Thunberg’s message has
 The second roadmap is that of the         received or the pledges of large
 Sustainable Development Goals.            companies to reach carbon neutrality
 I’ve co-authored both editions of         by an accountable date, it’s clear the
“Positive Economics”, the market           desire is tangible. Could Ireland think,
 leading economics textbook for            act and showcase differently and truly
 Leaving Cert where sustainability         stand up to stand out?
 and specifically the SDGs, are at the
 heart of the syllabus for our budding     In summary, as the Irish public,
 economists. This theme is now             private and third level sectors
 woven into all aspects of politics,       together with the women, men and
 society and the environment today.        children of the country shape a new
“Ireland’s Sustainable Development         way of living, working, entertaining
 Goals (SDGs) data hub” details an         and learning, let’s apply our critical
                                                                                       Susan Hayes Culleton
 array of targets, champions, outputs      thinking skills to our economic
 and interactive tools to act as an        strategy. We need to take care of our       CFA, “The Positive Economist” is the
 interface in front of a plethora of       existing productive capacity, enable        managing director at Hayes Culleton
 data. However, when the SDGs              new business models to happen,              Group. Her latest book “Money Matters”
                                                                                       is a Transition Year financial literacy
 are on the agenda of every board          develop new products to sell, inspire
                                                                                       partnership project with CFA Ireland and
 meeting, considered by every              new economic activity, take care of         will be gifted to every school in Ireland.
 event organiser and require the           those who don’t have the education          Follow Susan on Twitter @SusanHayes_

Accountancy Plus June Issue 2021
Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
07
                                                                                          Title:
                                                                                          Owner
CPA Profile

                                                                                                                              Carla Manning and Áine Kiely O’Donnell
                                                                                                                                                                       CPA PROFILE
                                                                                          Company:
                                                                                          CACM Accountants

Carla Manning                                                                             and Tax Advisors
                                                                                          Qualifications:
                                                                                          ADCA, CPA, CTax

Why did you decide to start out             it afforded me a huge opportunity to     to fruition over time gives me a big
in a career in accountancy?                 do things a little differently. By       sense of achievement on a day-
                                            embracing technology, I was able         to-day basis. Most recently, I was
In school I always enjoyed my
                                            to grow our client base and to service   appointed to the Council of CPA
business and accounting classes, so
                                            clients located not only locally, but    Ireland and I’m very proud to have
when it came to CAO time, I decided
                                            nationally and internationally too.      the opportunity to contribute to the
to explore accountancy as a career. I
                                                                                     continuing growth and development
discovered there were lots of routes
                                            I always loved working in the area       of the Institute. The opportunity
to entry and it provided a huge
                                            of tax and in 2013, I qualified as a     to keep pushing and challenging
spectrum of career opportunities.
                                            Certified Tax Adviser (CTax). As I       myself is a joy and I’m looking
It seemed like an ideal way to turn
                                            work with a lot of FDI companies,        forward to achieving a few more
something I enjoyed into a career.
                                            having a tax qualification really adds   milestones in the years ahead.
                                            value to the services I provide to
Why did you choose CPA Ireland              these clients as well as individuals.    What or who inspires you most
as your qualification route?                I have a great team here and that        in business?
A CPA qualification is a widely             really allows me space to grow and
                                                                                     The resilience of business owners.
recognised qualification throughout         develop the business. In 2018, I
                                                                                     There are some really tough days,
the world, so it provides opportunities     joined the CPA taxation committee
                                                                                     weeks and months, but they pick
to work and travel abroad. There            and I also represent the CPA Institute
                                                                                     themselves up, dust themselves
were a variety of CPA study options         at CCAB-I – Taxation South and the
                                                                                     off and start again.
so after finishing college, it was          TALC Collections sub-committee.
possible for me to start my training        The learning never stops.
                                                                                     What advice would you give
and continue with my studies on
                                            What one word describes what             to those recently qualified or
a part time basis using a variety of
                                            your CPA qualification has given         currently studying for their CPA
methods that suited me best.
                                            you?                                     qualification?
Please provide a brief history                                                       A CPA qualification provides
                                            Opportunities.
of your career.                                                                      tremendous opportunities for your
                                                                                     career. Stick with it as you’ll gain a
After college, I took up my first           What has been your biggest
                                                                                     wide range of skillsets and expertise
training role in practice and just loved    career achievement?
                                                                                     that are valuable and transferrable
it. The variety, the clients and the real
                                            Career achievements for me change        across many industry sectors,
people behind the figures. I qualified
                                            over time. Surviving the first year      opening up a wealth of opportunities
as a CPA in 2000. I always wanted
                                            of business was a big achievement        for you.
to be my own boss and in 2009,
                                            way back when, as was when we
I felt I was at a now or never stage,
                                            celebrated 10 years in business in       How do you unwind?
so I took the leap and set up my own
                                            2019. Working with clients on
firm, CACM Accountants and Tax                                                       My husband, 3-year-old daughter and
                                            projects and seeing them come
Advisors. As a new practice,                                                         I spend a lot of time in West Cork.
                                                                                     During the summer, we love to head
                                                                                     out on the water and spend the day
                                                                                     exploring the islands and beaches.
                                                                                     I love the arts and I’ve really missed
                                                                                     live theatre. Cork Midsummer Festival
                                                                                     kicks off in June and has a great mix
                                                                                     of theatre, dance and music, so I’m
                                                                                     really looking forward to that.

                                                                                     What traits do you admire in
                                                                                     others?
                                                                                     Hard work and a positive attitude.

                                                                                          Accountancy Plus June Issue 2021
Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
08
                                                                                             Title: Managing Director
                                                                                             Company:
     CPA Profile                                                                             Accountable Advisors
                                                                                             Qualifications:
     Áine Kiely O’Donnell                                                                    FCPA, MBA, MIATI, AM
                                                                                             Currently doing a Diploma in
                                                                                             Data Analytics and Diploma in
                                                                                             Forensic Accounting

     Why did you decide to start out          and financial operations.                 What or who inspires you most
     in a career in accountancy?              A company so far ahead in tech            in business?
     The simple answer is that business       and management systems, it was a          My entrepreneurial parents and
     entrepreneurship is in my DNA, it        leader in innovation and standards.       my kids, my forward-thinking father
     goes back generations. Growing           Moving back closer to home after 6        and business savvy mother who
     up we saw first-hand national and        years in Dublin, I worked with LIT in     inspired my ambition and drive to
     international business research          Thurles in Procurement Management.        achieve. Business management and
     my parents conducted into the            In 2000/2001 I worked in Ronan            partnership of equality was inspiring
     influencers of change on how to          Industries as Financial Controller and    from an early age. The respect and
     improve and develop business. With       Management Information Systems            integrity of their values, their advice
     a flair for business and accountancy     and Business Structures and Process       and guidance over the years and
     during my formative education years      Efficiency.                               their ability to manage life’s curve
     and with finance being at the heart of                                             balls with dignity and strength. The
     business, it was an easy decision to     I established Accountable Advisors        leadership shown at home from an
     choose this career journey.              (AAL) 2007 with a focus on the SME’s.     early age of how to make decisions,
                                              I completed an MBA Corporate              be it good or bad, the ability to adapt
     Why did you choose CPA Ireland           with the University of Limerick in        and learn from those decisions and
     as your qualification route?             2012/2013 and qualified with Friary       experiences and to stand up again
                                              Law as an Approved Mediator in 2016.      and move forward. Also, it helps
     The Accounting Technicians
     qualification provided a pathway to                                                when you love what you do.
                                              What one word describes what
     progression in accountancy. How
                                              your CPA qualification has given          How do you unwind?
     could I do it while working? I needed
                                              you?
     the right formula to achieve success.                                              Sport and music are probably my
     The formula being course content,        Flexibility.                              two passions outside of my family
     a two-structure approach so I was        The knowledge platform for flexibility.   and work. Raised in a GAA household,
     not limited to either industry or        The options are endless. The CPA          I coach club camogie underage
     practice focussed and recognition        CPD Programme to develop and              and county underage teams with
     of the qualification. CPA had            evolve meant that the qualification       success. I am currently County
     international recognition over all of    stayed relevant and up to date. The       Tipperary Camogie Board Treasurer.
     the courses at the time especially in    knowledge platform enabled my             I firmly believe based on many years
     industry and so I could travel with      curiosity to exploit the knowledge        coaching and developing players,
     it. The course location was the next     in its development and continual          that sport is an integral part in the
     issue and if I moved roles how was       learning to broaden my approach           development of our business leaders
     the course facilitation, and Griffith    and technique.                            of the future, it’s that drive and
     College provided both urban and                                                    passion to achieve and succeed in
     rural locations, superb lecturers        What has been your biggest                their chosen environment.
      and course structure.                   career achievement?
                                                                                        What traits do you admire in
                                              There are many but the biggest is in
     Please provide a brief history of                                                  others?
                                              enabling change in every role
     your career.                                                                       The traits I most admire in others
                                              I undertook over the 30 years.
     I started my accountancy career          The change to structure and support       are respect, integrity, positivity and
     in the treasury department for           systems for clients/employers which       people who inspire and motivate
     Dairygold. I then spent time in Hays     enabled informed decisions resulted       others around them. Listening is an
     DX in Dublin in Finance & Logistics,     in better business performance.           art, and with that curiosity, the why,
     which ignited my interest                The teaching and guiding of many          what, where, and when questions.
     in Management and Technology.            business owners to successfully steer     The ability to empathise is admirable
                                              their business through the recession      and goes hand in hand with the
     The really progressive role was with
                                              and pandemic. The achievement of          emotional intelligence of people.
     Guinness Store House (HopStore), a
                                              teaching and developing students to       This can inspire and motivate those
     role that had everything, ERP systems,
                                              successfully qualify as accountants       around you and build trust.
     Y2K, business analysis, online
     payments, retail, restaurant, tourism    with CPA and high earning industry
                                              roles.

     Accountancy Plus June Issue 2021
10

                                                                                   Sustainability Reporting
     Financial Reporting News                                                      In September 2020, The IFRS Foundation
                                                                                   Trustees published a Consultation
                                                                                   Paper on Sustainability Reporting (2020
                                                                                   Consultation Paper). The aim of the
      FRC consults on periodic               be addressed, or comments
                                                                                   Consultation Paper was to assess the
      review of FRS 102                      or suggestions in relation to
                                             the current requirements. In          need for global sustainability reporting
      UK and Ireland accounting              addition to stakeholder feedback      standards and the role, if any, that
      standards are subject to periodic      the review will consider recent       the foundation should play in the
      reviews, at least every five years,    developments in financial             development of such standards.
      to ensure they remain up-to-date       reporting (such as changes in
      and continue to require high-          IFRS) and relevant developments       An initial review of the responses received
      quality and cost-effective financial   in the wider reporting framework.     to the 2020 Consultation Paper indicated
      reporting from entities within                                               a growing and urgent demand to improve
      their scope.                           Any changes to accounting
                                                                                   global consistency and comparability
                                             standards that are proposed as a
      The Financial Reporting Council                                              in sustainability, recognition that urgent
                                             result of the periodic review will
      (FRC) is starting the next periodic    be subject to public consultation     steps need to be taken and a broad
      review of FRS 102, including           at a later date, not expected to be   demand for the IFRS Foundation to play
      other UK and Ireland accounting        before 2022. The effective date       a role in this. The Trustees met in early
      standards.                             for any amendments is currently       March 2021 to continue their analysis and
      Part of this process is seeking        expected to be 1 January 2024.        discussions of the feedback received to
      views from stakeholders on                                                   the 2020 Consultation Paper.
                                             Stakeholders can provide
      areas that might be considered         comments on any aspect of the
                                                                                   One of the matters on which the Trustees
      as part of the review. The FRC         standards to ukfrsperiodicreview@
      note that this might include new                                             sought to consult was the establishment
                                             frc.org.uk by 31 October 2021.
      issues/transactions that should                                              of a New Sustainability Standards Board
                                             Source: www.frc.org.uk                and following their meeting in March
                                                                                   2021 the Trustees have reached the
                                                                                   following views about the strategic
      IASB extends the                       In response to calls from
                                             stakeholders and due to the           direction of a new board:
      application period for
                                             ongoing impact of Covid-19,
      Covid-19 related rent                                                        • To focus on information that is material
                                             the IASB has recently extended
      concessions                            the relief by one year to cover         to the decisions of investors, lenders
      In May 2020, the International         rent concessions that reduce            and other creditors;
      Accounting Standards Board             only lease payments due on or
                                                                                   • To initially focus its efforts on climate-
      (IASB) amended IFRS 16 Leases,         before 30th June 2022.
                                                                                     related reporting, while also working
      by introducing a practical
                                             The amendment is effective              towards meeting the information needs
      expedient, to make it easier for
                                             for financial reporting periods         of investors on other ESG;
      lessees to account for Covid-19
                                             commencing on or after 1st
      related rent concessions such
                                             April 2021.                           • To build upon the well-established work
      as rent holidays and temporary
                                             Source: www.ifrs.org                    of the Financial Stability Board’s Task
      rent reductions.
                                                                                     Force on Climate related Financial
                                                                                     Disclosures (TCFD), as well as work by
     FRC proposes extending application period for                                   the alliance of leading standard-setters
     accounting requirements covering Covid-19-related                               in sustainability reporting focused on
                                                                                     enterprise value;
     rent concessions
     The Financial Reporting Council         into FRS 102 and FRS 105 in           • By working with standard-setters from
     (FRC) has recently issued               October 2020 apply to rent              key jurisdictions, standards issued
     an Exposure Draft that proposes         concessions that reduce only            by the new board would provide a
     to extend the application               lease payments originally due on        globally consistent and comparable
     period of requirements                  or before 30 June 2022, provided        sustainability reporting baseline, while
     that cover the accounting               the other conditions for applying       also providing flexibility for coordination
     treatment of temporary rent             the requirements are met.
                                                                                     on reporting requirements that capture
     concessions occurring as a direct       The amendments are proposed             wider sustainability impacts.
     consequence of the Covid-19             to be effective for accounting
     pandemic by one year.                   periods beginning on or after         Source: www.ifrs.org
     FRED 78 proposes that                   1 January 2021, with early
     requirements originally introduced      application permitted.

     Accountancy Plus June Issue 2021
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12

                                                                       Commission adopts
     Law & Regulation News                                             proposal for a Corporate
                                                                       Sustainability Reporting
       Charities Regulator and Revenue                                 Directive
       Commissioners agree new                                         The European Commission has recently
       co-operation arrangement                                        adopted a proposal for a Corporate Sustainability
                                                                       Reporting Directive (CSRD) which would amend
       The Charities Regulator and the Revenue Commissioners           the existing external reporting requirements
       have agreed an updated co-operation agreement.                  under the current EU Non-Financial Reporting
       The Memorandum of Understanding, published today,               Directive. The proposal
       supports cooperation and collaboration in the interest
       of ensuring appropriate sharing and assessment of               • extends the scope to all large companies
       information by both parties.                                      and all companies listed on regulated markets
                                                                         (except listed micro-enterprises)
       The overarching aim of the arrangement is to uphold the
       integrity of charitable organisations and charitable trusts     • requires the audit (assurance) of reported
       in Ireland and support public confidence in                       information
       charities operating in Ireland or under Irish law.
                                                                       • introduces more detailed reporting
                                                                         requirements, and a requirement to report
       The objectives of the new Memorandum of
                                                                         according to mandatory EU sustainability
       Understanding are to:
                                                                         reporting standards
       • Facilitate administrative cooperation between the
                                                                       • requires companies to digitally ‘tag’ the
         Charities Regulator and the Revenue Commissioners
                                                                         reported information, so it is machine readable
         in the performance of their respective functions in so
                                                                         and feeds into the European single access
         far as they relate to the regulation of charities;
                                                                         point envisaged in the capital markets union
       • Ensure consistency between decisions made or                    action plan.
         measures taken by the Charities Regulator and the
         Revenue Commissioners, in so far as is practical,             Source: www.ec.europa.eu
         in relation to matters concerning the regulation of
         charities;
                                                                     Extension of timeline for
       • Avoid any unnecessary duplication of activities by the
         Charities Regulator and the Revenue Commissioners;          Credit Unions to hold
       • Promote a common understanding of the
                                                                     virtual AGMs
         responsibilities, working procedures, legal powers and
         constraints of the Charities Regulator and the Revenue      The Government has approved an extension of the
         Commissioners;                                              timeline to allow credit unions to hold their 2020
                                                                     Annual General Meetings virtually to the end of June
       • Facilitate and provide necessary safeguards for effective   2021.
         investigation and exchange of information, with the
         objective of preventing, detecting and remedying            The Finance (Miscellaneous Provisions) Act 2020,
         misconduct or mismanagement in the administration           signed into law last December extended the timeline
         of charities and charitable funds;                          for credit unions to hold their 2020 Annual General
                                                                     Meetings to end of April 2021. It also allowed for a
       • Ensure appropriate consultation and co-operation            temporary override of credit unions rules and allows
         on matters of mutual interest so that charities may         for all general meetings to be convened virtually.
         be encouraged to comply fully with their legal
         responsibilities under charity and taxation legislation     The Credit Union Act 1997 (Section 3A) Order 2021
         and adopt best practice in governance.                      now provides for an extension of the ‘interim period’
                                                                     for a further two months until the end of June 2021.
       Source: www.charitiesregulator.ie
                                                                     Source: www.gov.ie

     Accountancy Plus June Issue 2021
13

Ensuring a safe return to work

                                                                                                                          Ensuring a safe return to work – Employees and Covid-19 Vaccine by Derek McKay
                                                                                                                                                                                                           LAW & REGULATION
Employees and Covid-19 Vaccine
by Derek McKay

There has been significant commentary in relation to the Covid-19 vaccine roll-out programme in
Ireland with most recent announcements detailing that the Government is confident that 82% of the
adult population will have received the first of their jabs by the end of June and anyone who wished
to receive the vaccine will have done so by September. A considerable task but achievable if there are
no further delays.

This is a very welcome message for      have employees returning to the          reasonably include the risk of
most, if not all, businesses as it is   workplace, subject to the restriction    Covid-19 infection. Employees must
crucial to get mass vaccination to      levels in force. However, while it is    adhere to all guidelines and protocols
ensure we have a successful and         highly recommended that everyone         implemented by their employers.
safe reopening of the economy,          receives the Covid-19 vaccine, it
                                                                                 Communication is key; while
particularly within the hospitality     is not mandatory in Ireland and a
                                                                                 employers cannot force their
and related sectors for the summer      person’s fundamental right to bodily
                                                                                 employees to get vaccinated, they
season.                                 integrity is covered under the Irish
                                                                                 can communicate out the advice
                                        Constitution.
Based on the reports we’re getting                                               from government and the HSE.
from Government, and on the             This leaves employers in a potentially
prioritisation of those receiving the   difficult situation; while seeking to
                                                                                 Avoid potential
vaccine, we expect to see the vast      ensure a safe workplace, they cannot     discrimination
majority of healthy adults receiving    force employees to get vaccinated        Employees have protections under
the vaccine over late summer            and it is highly unlikely that the       the Employment Equality Acts 1998
and early autumn. Thus, providing       Government will introduce any laws       – 2015 from discrimination on nine
some optimism for employers who         stating employees are obliged to take    grounds, including religion, age
can start planning a return to the      the vaccine. So, what are the main       and disability. An employee may
workplace.                              considerations for employers?            decide not to get the vaccine for
                                                                                 a number of reasons that would
Working with this date in mind, it      Assess the risk
gives ample time for employers to                                                come under these specific grounds,
                                        Under the Safety, Health and Welfare     such as a medical condition or their
ensure a safe return to the workplace
                                        at Work Act, an employer must            religious beliefs. Any mandate by an
but a key question for employers
                                        carry out a risk assessment of the       employer that employees need to
relates to ‘how or can they ensure
                                        workplace and any potential risks        take the vaccine could constitute
employees are vaccinated?’ Also,
                                        that have been identified must be        discrimination under the Act.
what can they do to ensure the
                                        addressed and The Work Safely
health and safety of their workforce?
                                        Protocol should be adhered to in all     Managing the risk with
Provide a safe workplace                workplaces. It is important to note      employees who don’t get
                                        that scientists are still not clear on   vaccinated
Under the Safety, Health and Welfare
                                        whether or not the vaccine prevents
at Work Act, it is the responsibility                                            Understanding an employees’
                                        the spread of Covid-19, so it is
of the employer to provide a safe                                                concerns is important and
                                        important for employers to ensure
working environment for employees,                                               finding solutions that meet the
                                        that all employees follow the safety
so it is not unreasonable that an                                                business needs without infringing
                                        protocols that are put in place,
employer would want their workforce                                              on employee rights is crucial in
                                        whether they have been vaccinated
vaccinated. The Work Safely Protocol                                             managing an employees’ integration
                                        or not.
was introduced in November 2020                                                  back into the workplace. Extending
(an enhanced version of the original    Equally, employees have                  the term of remote working may be
Return to Work Protocols launched       responsibilities under the Act to        an option but this may not be feasible
in May 2020) and it is essential        work with their employer to protect      for all sectors or may cause other
that all employers ensure they are      themselves and their colleagues          unintended consequences.
fully implemented if they intend to     from potential risks; this could

                                                                                      Accountancy Plus June Issue 2021
14
     In any case, employers need to think      possible. In fact, given the restrictions   evolving employment landscape.
     carefully about any action they take,     that have been in place for over a          But it is important that employers
     and the potential legal consequences      year, many businesses have turned           meet their responsibilities under
     associated with these actions.            to virtual meetings, events and             employment legislation and prepare
                                               conferences as the norm.                    for future working practices.
     Data protection concerns
                                               If an employee is returning from            Conclusion
     As part of assessing the risks,
                                               a holiday from a country badly
     employers will naturally want to know                                                 Given the vast majority of the working
                                               impacted by Covid-19, they are
     who has or hasn’t been vaccinated                                                     population won’t be returning to the
                                               required to follow public health rules
     before getting employees back to                                                      workplace until much later in the
                                               relating to that region and must take
     the workplace. In order to process                                                    year, it is hoped that the vast majority
                                               any quarantine into consideration
     personal data, there must be a legal                                                  will have taken up the offer of
                                               when booking time off. This may
     basis to do so, the grounds for                                                       vaccination. However, planning and
                                               have implications for their availability
     which are set out in Article 6 of the                                                 communication are key to ensuring
                                               to attend for work upon their return.
     General Data Protection Regulations.                                                  a smooth transition when the time
     While employees are not obliged to        Remote working – what                       comes.
     provide personal medical information      happens next?                               Ensuring health and safety policies
     in the main, employers may seek
                                               As workplaces begin to reopen, a            and procedures are updated, robust
     vaccination information on the basis
                                               consideration for many employers            risks assessments are carried out and
     that they are meeting their legal
                                               will be a potential influx of requests      adhering to the Work Safely Protocol
     obligations under the Safety, Health
                                               to work remotely. The Government            are key to getting people back to the
     and Welfare at Work Acts. Realistically
                                               has signalled its support for remote        workplace.
     it will be up to individual employees
                                               working through its National Remote         Be mindful and respectful of an
     to volunteer this type of information
                                               Working Strategy and ambition to            individual’s right not to get vaccinated
     to their employer.
                                               have 20 percent of public servants          and plan accordingly by offering
     If employees volunteer information        working remotely by the end of the          other working arrangements where
     about whether or not they have            year.                                       appropriate. And avoid a situation that
     been vaccinated, employers should
                                               Many who have been working                  may constitute discrimination, leading
     take care not to disclose to other
                                               remotely for over a year may expect         to legal issues.
     employees who have or have not
                                               to have the same flexibility when it        And, finally, keep a watching brief on
     been vaccinated.
                                               comes to a full reopening. Unless           the national vaccination programme
     Work-related and leisure                  previously agreed, remote working           and the public health advice to assist
     travel                                    is being done so on an interim basis.       in proceeding safely with a return to
                                               How employers manage requests to            the workplace.
     At the time of writing, the European
                                               work remotely in the future is going
     Commission was considering                                                            Adare Human Resource
                                               to be dependent on the business
     proposals for the introduction of                                                     Management is a team of expert-
                                               needs. Caution should be taken as
     a Digital Green Card, or vaccine                                                      led Employment Law, Industrial
                                               any permanent decision for remote
     passport, for travel within the EU.                                                   Relations and best practice Human
                                               working may set a precedent.
     Regardless, anyone travelling must                                                    Resource Management consultants.
     follow the public health guidance and     Employers need to clearly establish         For more information go to www.
     rules at the time of travel.              what their policies are in relation to      adarehrm.ie or contact one of the
                                               remote working to avoid confusion           team at (01) 561 3594.
     Any travel, whether personal or
                                               or challenges. There are also other
     business, should be limited if at all
                                               consequences for employers to
                                               consider, particularly for employees
                                               who are working outside the country,
                                               such as employment tax, statutory
                                               employment rights, data protection
                                               and immigration.

                                               Remote working is a permanent
                                               fixture in the employment landscape
                                               and while it presents some tough
                                               challenges for employers, developing
                                               innovative strategies to successfully
                                               navigate the challenges should be
                                               in sharp focus. Each sector is going
                                               to be different in how it effectively       Derek McKay
                                               manages remote working and the              Managing Director at
                                                                                           Adare Human Resource Management.

     Accountancy Plus June Issue 2021
15

Ireland – 5th Anti-Money Laundering

                                                                                                                                                     Ireland – 5th Anti-Money Laundering Directive by Henry Duggan
                                                                                                                                                                                                                     LAW & REGULATION
by Henry Duggan

On 19th June 2018, the 5th Anti-                      As a result, Ireland was fined €2                    • Tax advisors –
Money Laundering Directive (Directive                 million on 16th July 2020 for failing                   Individuals involved in the
(EU) 2018/843)1 was published. This                   to transpose the Directive before                      provision of taxation advice to
revised Directive, which updated the                  the required due date of 26th June                     clients.
previously published 4th Anti-Money                   2017 (which was required of all EU                   • Virtual currency providers –
Laundering Directive2, required                       member states). Following this, the                    Similar to the requirements
transposition by all EU Member States                 publication of the Criminal Justice                    already imposed on financial
on or before 10th January 2020. This                  (Money Laundering and Terrorist                        institutions, virtual currency
new Directive provided significant                    Financing) (Amendment) Bill 20205 in                   providers will now have to
enhancements to further enhance                       September provided the initial steps                   conduct the appropriate due
the financial crime frameworks across                 for the transposition of the 5th Anti-                 diligence on clients.
EU member states, thereby providing                   Money Laundering Directive into Irish
                                                                                                           • Art dealers –
greater protection against money                      law.
                                                                                                             Those involved in the trading
laundering and terrorist financing.
                                                      In essence this bill moved to                          of pieces of art where the value
As has been promulgated by the
                                                      amend the Criminal Justice (Money                      (either alone or in conjunction
European Commission3, these new
                                                      Laundering and Terrorist Financing)                    with linked transactions) is at least
enhancements focussed on:
                                                      Act 2010 to give effect to Directive                   €10,000.
• Enhancing transparency by setting                   (EU) 2018/843 of the European
                                                                                                         • Politically Exposed Persons
  up publicly available registers for                 Parliament and of the Council of
                                                                                                           (“PEP”) -
  companies, trusts and other legal                   30th May 2018 amending Directive
                                                                                                           Under the new requirements,
  arrangements.                                       (EU) 2015/849 on the prevention of
                                                                                                           designated persons are required
                                                      the use of the financial system for
• Enhancing the powers of EU                                                                               to continue to monitor politically
                                                      the purposes of money laundering
  Financial Intelligence Units and                                                                         exposed persons for as long as is
                                                      or terrorist financing and amending
  providing them with access to                                                                            reasonably required to take into
                                                      Directives 2009/138/EC and 2013/36/
  broad information for the carrying                                                                       account the continuing risk posed
                                                      EU; and to provide for related
  out of their tasks.                                                                                      by that person and until such
                                                      matters. This was subsequently
                                                                                                           time as that person is deemed
• Limiting the anonymity related                      achieved in March 2021 through the
                                                                                                           to pose no further risk specific
  to virtual currencies and wallet                    Criminal Justice (Money Laundering
                                                                                                           to politically exposed persons.
  providers, and also for pre-paid                    and Terrorist Financing) (Amendment)
                                                                                                           Additionally, the definition of a PEP
  cards.                                              Act 2021.
                                                                                                           has been updated to any individual
• Broadening the criteria for the                     So, this raises the question as to                   performing a prescribed function –
  assessment of high-risk third                       the impact of the 5th Anti-Money                     where the Minister for Finance will
  countries and improving the                         Laundering Directive on the AML                      issue guidelines as to what may be
  safeguards for financial transactions               environment in Ireland. A number of                  considered to be prominent public
  to and from such countries.                         important developments occurred                      function.
                                                      across the following areas6:                       • High Risk Countries -
• Setting up central bank account
  registries or retrieval systems in all              • New categories of “designated                      Designated persons will be required
  Member States.                                        persons” were introduced in the                    to apply the following measures
                                                        new legislation. This definition was               to manage and mitigate the risk
The European Court of Justice found                     expanded to include the following:                 of money laundering and terrorist
that the 4th Money Laundering                                                                              financing additional when dealing
Directive was not fully transposed                       • Property service providers –
                                                                                                           with a customer established or
into Irish law until 3rd December                          Property and Estate Agents who
                                                                                                           residing in a high-risk third country:
20194.                                                     are involved in the letting of
                                                           properties where the monthly                    a. Obtaining additional information
                                                           rental income is at least €10,000.                 on the customer and on the
                                                                                                              beneficial owner.

1   EUR-Lex - 32018L0843 - EN - EUR-Lex (europa.eu)
2   EUR-Lex - 32015L0849 - EN - EUR-Lex (europa.eu)
3   Anti-money laundering and counter terrorist financing | European Commission (europa.eu)
4   Judgment of the Court (Grand Chamber) of 16 July 2020. - Publications Office of the EU (europa.eu)
5   b2320d.pdf (oireachtas.ie)
6   a0321.pdf (oireachtas.ie)

                                                                                                              Accountancy Plus June Issue 2021
16
       b. Obtaining additional information      The new act also reinforces the           within financial institutions and other
         on the intended nature of the          necessity for the Irish Financial         regulated entities are enhanced to
         business relationship.                 Intelligence Unit, where practicable,     reflect the additional requirements in
                                                to provide timely feedback to             the new legislation.
       c. Obtaining information on the
                                                a designated person who is
          source of funds and source of                                                   Additionally, there is also a
                                                required to make a report on the
          wealth of the customer and of                                                   clear requirement to ensure
                                                effectiveness of and follow-up to
          the beneficial owner.                                                           that appropriate monitoring
                                                reports made to it.
                                                                                          of controls are in place to
       d. Obtaining information on the
                                              Tipping Off – The new act also              monitor the effectiveness of new
          reasons for the intended or
                                              updates an additional defence to the        countermeasures on an ongoing
          performed transactions.
                                              offence of “tipping off” for the person     basis, and then take remedial
       e. Obtaining the approval of senior    to prove that, at the time of the           action if needed. Similarly, there is
          management for establishing         disclosure that:                            also a need for enforcement and
          or continuing the business          a. the person was a credit institution      regulatory bodies to monitor the
          relationship.                         or financial institution or a majority-   implementation and effectiveness
                                                owned subsidiary, or a branch,            of those in the regulated sector.
       f. Conducting enhanced
                                                of a credit institution or financial      The 5th Anti-Money Laundering
          monitoring of the business
                                                institution, or made the disclosure       Directive provides an opportunity
          relationship by increasing the
                                                on behalf of a credit institution or      to further strengthen the financial
          number and timing of controls
                                                a financial institution or a majority-    crime regulatory environment within
          applied and selecting patterns
                                                owned subsidiary, or a branch,            Ireland, thereby further enhancing
          of transaction that need further
                                                of a credit institution or financial      the jurisdiction’s reputation as an
          examination.
                                                institution, and                          international financial services centre
     • Beneficial Ownership -                                                             going forward.
                                              b. the disclosure was to:
       The new requirements also
                                                i. a credit institution or financial      “The views expressed in this article
       highlight that designated persons
                                                   institution incorporated in a          are those of the author(s) and
       are required to ascertain that
                                                   Member State, where both               not necessarily the views of FTI
       information relating to beneficial
                                                   the institution making the             Consulting, its management, its
       ownership included in the relevant
                                                   disclosure, or on whose behalf         subsidiaries, its affiliates, or its other
       Central Register of Beneficial
                                                   the disclosure was made, and the       professionals.”
       Ownership.
                                                   institution to which it was made       “FTI Consulting is an independent
     • Senior Managing Officials -                 belonged to the same group, or         global business advisory firm
       Where the beneficial owner is the
                                                ii. a majority-owned subsidiary           dedicated to helping organisations
       senior managing official referred
                                                    or branch situated in a third         manage change, mitigate risk and
       to in Article 3(6)(a)(ii) of the 4th
                                                    country of a credit institution or    resolve disputes: financial, legal,
       Money Laundering Directive, a
                                                    financial institution incorporated    operational, political & regulatory,
       designated person will be required
                                                    in a Member State, where the          reputational and transactional. FTI
       to take the necessary measures to
                                                    subsidiary or branch was in           Consulting professionals, located in
       verify the identity of that person
                                                    compliance with group-wide            all major business centres throughout
       and must keep records of the
                                                    policies and procedures adopted       the world, work closely with clients to
       actions taken to verify the person’s
                                                    in accordance with section 54,        anticipate, illuminate and overcome
       identity including any difficulties
                                                    or, as the case may be, Article       complex business challenges and
       encountered in the verification
                                                    45 of the 4th Money Laundering        opportunities. For more information,
       process.
                                                    Directive.”                           visit www.fticonsulting.com and
     • Prepaid Cards -                                                                    connect with us on Twitter (@
       The customer due diligence limits      In conclusion, the transposition            FTIConsulting), Facebook and
       relating to prepaid cards has now      of the 5th Anti-Money Laundering            LinkedIn.www.fticonsulting.com.”
       been reduced down from the             Directive into Irish law, provides a
       previously existing threshold of       significant further enhancement of
       €250 to a maximum monthly              the previously existing framework.
       amount to €150.                        However, it is important to note
     • Safety Deposit Boxes -                 that merely enacting legislation
       The new requirements prohibit          does not guarantee an enhanced
       the creation of anonymous              level of protection from illicit
       safety-deposit boxes by financial      activities such as money laundering
       institutions.                          and terrorist financing. There is a
                                              clear responsibility on those in the
     • Financial Intelligence Unit            regulated sector to ensure that
       Feedback -                             the current AML/CFT frameworks
                                                                                          Henry Duggan
                                                                                          Managing Director, Financial Services,
                                                                                          FTI Consulting
     Accountancy Plus June Issue 2021
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