Brendan O' Kelly

Head of Legal, UK and Europe - AnyDay / QRails (Fintech) at QRails, Inc.
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Contact Information
us****@****om
(386) 825-5501
Location
Ireland, IE
Languages
  • French -
  • English Native or bilingual proficiency

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5.0

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Jon Sederqvist Østmoe

I worked with Brendan at EML. As our Head of Legal, he was always pleasant and professional. From day one, Brendan exhibited strong work ethic, attention to detail, and a good sense of humour. Our interactions included regulatory notification processes across multiple jurisdictions, client contracts for payment products, and engaging with external law firms. From my experiences working with him, I can fully recommend Brendan.

Zeke Diwan

I worked extensively with Brendan during his time at Pioneer Investments and found him to be a highly capable, proactive and user-friendly legal resource throughout. Brendan had the ability to hit the ground running and was of great assistance to me and the rest of the team on the Investments floor on a variety of pressing distressed debt restructurings and related matters. I am happy to recommend Brendan as a good guy to work with and a very effective legal resource.

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Experience

    • United States
    • Financial Services
    • 1 - 100 Employee
    • Head of Legal, UK and Europe - AnyDay / QRails (Fintech)
      • May 2022 - Jun 2023

      AnyDay provides Earned Wage Access solutions to large employers and payroll providers to deliver instant payment of earned wages to employees at low-to-no cost. As Head of Legal, UK and Europe, I advise the local and US headquartered teams and CEO on a wide range of matters including legal, regulatory, tax, commercial and GDPR / data protection issues relating to roll out of QRail’s EWA solution across the EU and UK. AnyDay provides Earned Wage Access solutions to large employers and payroll providers to deliver instant payment of earned wages to employees at low-to-no cost. As Head of Legal, UK and Europe, I advise the local and US headquartered teams and CEO on a wide range of matters including legal, regulatory, tax, commercial and GDPR / data protection issues relating to roll out of QRail’s EWA solution across the EU and UK.

    • Australia
    • Financial Services
    • 300 - 400 Employee
    • Head of Legal, Europe (Fintech)
      • May 2019 - Feb 2022

      Leading and recruiting team of 3 lawyers and 1 paralegal advising on all aspects of e-money issuance, regulation and related drafting/negotiation. Delivering timely, quality advice to CEO, Board of Directors, sales and support staff in a fast moving multi-jurisdiction environment. Liaising with CBI and other European regulators on range of matters. Improving corporate governance. Advising on contract disputes, litigation and HR matters. EML Payments are an Australian listed company and… Show more Leading and recruiting team of 3 lawyers and 1 paralegal advising on all aspects of e-money issuance, regulation and related drafting/negotiation. Delivering timely, quality advice to CEO, Board of Directors, sales and support staff in a fast moving multi-jurisdiction environment. Liaising with CBI and other European regulators on range of matters. Improving corporate governance. Advising on contract disputes, litigation and HR matters. EML Payments are an Australian listed company and a global leader in payment solutions / e-commerce Show less Leading and recruiting team of 3 lawyers and 1 paralegal advising on all aspects of e-money issuance, regulation and related drafting/negotiation. Delivering timely, quality advice to CEO, Board of Directors, sales and support staff in a fast moving multi-jurisdiction environment. Liaising with CBI and other European regulators on range of matters. Improving corporate governance. Advising on contract disputes, litigation and HR matters. EML Payments are an Australian listed company and… Show more Leading and recruiting team of 3 lawyers and 1 paralegal advising on all aspects of e-money issuance, regulation and related drafting/negotiation. Delivering timely, quality advice to CEO, Board of Directors, sales and support staff in a fast moving multi-jurisdiction environment. Liaising with CBI and other European regulators on range of matters. Improving corporate governance. Advising on contract disputes, litigation and HR matters. EML Payments are an Australian listed company and a global leader in payment solutions / e-commerce Show less

    • Principal of own legal consultancy
      • May 2009 - May 2019

      Principal of own legal consultancy 2009 - 2019. Clients included Morgan Stanley, Barclays, Columbia Threadneedle - working on a wide range of legal matters and regulatory change projects driven by EMIR and MiFID II. Significant focus on ISDA and evolving margin (CSA) requirements. Experience included: • Lead roll-out across Europe of rates execution agreement for Barclays, a leader in OTC clearing and execution. Managed project team. • Lead end to end review of… Show more Principal of own legal consultancy 2009 - 2019. Clients included Morgan Stanley, Barclays, Columbia Threadneedle - working on a wide range of legal matters and regulatory change projects driven by EMIR and MiFID II. Significant focus on ISDA and evolving margin (CSA) requirements. Experience included: • Lead roll-out across Europe of rates execution agreement for Barclays, a leader in OTC clearing and execution. Managed project team. • Lead end to end review of trade & confirmation procedures for OTC derivatives for Pioneer Investment Management Ltd to identify and address legal and operational risk. Presented findings and action plan to management which was immediately implemented by Pioneer across Europe in front and back offices • Ensured compliance and delivery with EMIR requirements for Threadneedle Asset Management Ltd., a global fund manager and its institutional clients • Negotiated and drafted clearing & execution agreements with leading clearing brokers and CCPs including ISDA/FOA/FIA documentation. Advised on EMIR required margin account options – Gross Omnibus vs Individual Segregation and related risks/benefits • Analysed structured products including CoCos, CLNs, ABS, CDOs to advise Asset Managers on mandate compliance & relevant risks/recovery strategies • Advised on distressed debt recovery/work outs & standstill agreements under various insolvency regimes globally • Instructed external counsel on a variety of complex, high value matters to achieve best commercial position for my clients. Show less Principal of own legal consultancy 2009 - 2019. Clients included Morgan Stanley, Barclays, Columbia Threadneedle - working on a wide range of legal matters and regulatory change projects driven by EMIR and MiFID II. Significant focus on ISDA and evolving margin (CSA) requirements. Experience included: • Lead roll-out across Europe of rates execution agreement for Barclays, a leader in OTC clearing and execution. Managed project team. • Lead end to end review of… Show more Principal of own legal consultancy 2009 - 2019. Clients included Morgan Stanley, Barclays, Columbia Threadneedle - working on a wide range of legal matters and regulatory change projects driven by EMIR and MiFID II. Significant focus on ISDA and evolving margin (CSA) requirements. Experience included: • Lead roll-out across Europe of rates execution agreement for Barclays, a leader in OTC clearing and execution. Managed project team. • Lead end to end review of trade & confirmation procedures for OTC derivatives for Pioneer Investment Management Ltd to identify and address legal and operational risk. Presented findings and action plan to management which was immediately implemented by Pioneer across Europe in front and back offices • Ensured compliance and delivery with EMIR requirements for Threadneedle Asset Management Ltd., a global fund manager and its institutional clients • Negotiated and drafted clearing & execution agreements with leading clearing brokers and CCPs including ISDA/FOA/FIA documentation. Advised on EMIR required margin account options – Gross Omnibus vs Individual Segregation and related risks/benefits • Analysed structured products including CoCos, CLNs, ABS, CDOs to advise Asset Managers on mandate compliance & relevant risks/recovery strategies • Advised on distressed debt recovery/work outs & standstill agreements under various insolvency regimes globally • Instructed external counsel on a variety of complex, high value matters to achieve best commercial position for my clients. Show less

    • Owner and developer of property portfolio
      • 2002 - 2009

      Set up and managed own property business. Buying and refurbishing properties in London and Ireland for sale and rental. The business is on-going. Set up and managed own property business. Buying and refurbishing properties in London and Ireland for sale and rental. The business is on-going.

    • Germany
    • Banking
    • 700 & Above Employee
    • General Counsel (HVB Real Estate Capital)
      • Jan 2002 - Mar 2002

      As General Counsel, I advised HVB management on a range of legal matters with a focus on derivatives employed by HVB in its property funding business. Resigned after successful completion of key project to set up own business (see above). As General Counsel, I advised HVB management on a range of legal matters with a focus on derivatives employed by HVB in its property funding business. Resigned after successful completion of key project to set up own business (see above).

    • France
    • Banking
    • 700 & Above Employee
    • General Counsel to Centradia
      • 2000 - 2002

      Centradia - a London based joint venture between Societe Generale and four other European banks (RBS, Commerzbank, Banco Santander, Sanpaolo IMI) providing a multi-bank, multi-lingual internet based trading platform for foreign exchange, fixed income and treasury market products. Responsibilities included: • in depth negotiation of IT contracts and related Intellectual Property rights • regulatory and anti-trust issues in EC, US and Germany • drafting and negotiating multiple… Show more Centradia - a London based joint venture between Societe Generale and four other European banks (RBS, Commerzbank, Banco Santander, Sanpaolo IMI) providing a multi-bank, multi-lingual internet based trading platform for foreign exchange, fixed income and treasury market products. Responsibilities included: • in depth negotiation of IT contracts and related Intellectual Property rights • regulatory and anti-trust issues in EC, US and Germany • drafting and negotiating multiple supplier contracts • managing and instructing outside counsel cost effectively

    • Legal Counsel, Derivatives & Structured Products Division - SG, Paris
      • 1998 - 2002

      • Established the Jersey Umbrella Fund, Lyxor which has proved hugely successful for SG and Lyxor Asset Management • Drafted/negotiated trust related documentation: prospectuses, Investment Management Agreements (IMA’s) and trading advisory agreements • Advised on & drafted a range of structured product transactions including secured equity financing transactions in HK, Korea, Germany, South Africa. Liaised with foreign counsel re set-off/netting analysis, guarantees/credit support… Show more • Established the Jersey Umbrella Fund, Lyxor which has proved hugely successful for SG and Lyxor Asset Management • Drafted/negotiated trust related documentation: prospectuses, Investment Management Agreements (IMA’s) and trading advisory agreements • Advised on & drafted a range of structured product transactions including secured equity financing transactions in HK, Korea, Germany, South Africa. Liaised with foreign counsel re set-off/netting analysis, guarantees/credit support, perfection of security, tax issues, form of legal opinions

    • Capital Markets
    • 700 & Above Employee
    • Legal Counsel - Fixed Income Derivatives Group, London
      • 1995 - 1997

      • Drafted and negotiated large portfolio of ISDA Master & CSA agreements under English and NY law • Updated and improved template ISDA documentation as required • Lead large-scale novation to Lehman of multiple swap portfolios each subject to different governing law • Drafted structured and credit linked notes. Managed outside counsel as necessary • Lead adviser to Confirmations area in drafting complex/structured transactions & bespoke credit support arrangements • Conducted… Show more • Drafted and negotiated large portfolio of ISDA Master & CSA agreements under English and NY law • Updated and improved template ISDA documentation as required • Lead large-scale novation to Lehman of multiple swap portfolios each subject to different governing law • Drafted structured and credit linked notes. Managed outside counsel as necessary • Lead adviser to Confirmations area in drafting complex/structured transactions & bespoke credit support arrangements • Conducted legal surveys of new / emerging market jurisdictions • Worked with French & German counsel towards the introduction of non-ISDA Masters including French AFB / FFB and German Rahmenvertrag • Investigated and resolving taped trade disputes with market counterparties • Accompanied marketers on presentations for Lehman's AAA rated vehicle, LBFP Show less • Drafted and negotiated large portfolio of ISDA Master & CSA agreements under English and NY law • Updated and improved template ISDA documentation as required • Lead large-scale novation to Lehman of multiple swap portfolios each subject to different governing law • Drafted structured and credit linked notes. Managed outside counsel as necessary • Lead adviser to Confirmations area in drafting complex/structured transactions & bespoke credit support arrangements • Conducted… Show more • Drafted and negotiated large portfolio of ISDA Master & CSA agreements under English and NY law • Updated and improved template ISDA documentation as required • Lead large-scale novation to Lehman of multiple swap portfolios each subject to different governing law • Drafted structured and credit linked notes. Managed outside counsel as necessary • Lead adviser to Confirmations area in drafting complex/structured transactions & bespoke credit support arrangements • Conducted legal surveys of new / emerging market jurisdictions • Worked with French & German counsel towards the introduction of non-ISDA Masters including French AFB / FFB and German Rahmenvertrag • Investigated and resolving taped trade disputes with market counterparties • Accompanied marketers on presentations for Lehman's AAA rated vehicle, LBFP Show less

    • United Kingdom
    • Financial Services
    • 700 & Above Employee
    • Legal Counsel - Equity Derivatives Group
      • 1993 - 1995

      • Developed and improved BZW's listed equity warrant business in Europe & Far East. Introduced master documentation for Hong Kong listed warrant issues resulting in significant cost savings and time benefits • Provided direct legal advice to equity and equity derivative sales/traders and risk managers • Assisted Confirmations area in documenting standard and non-standard equity derivative transactions under ISDA • Developed and improved BZW's listed equity warrant business in Europe & Far East. Introduced master documentation for Hong Kong listed warrant issues resulting in significant cost savings and time benefits • Provided direct legal advice to equity and equity derivative sales/traders and risk managers • Assisted Confirmations area in documenting standard and non-standard equity derivative transactions under ISDA

    • Barrister
      • 1992 - 1993

      Mixed commercial / common law practices Mixed commercial / common law practices

    • Barrister
      • 1991 - 1992

      Mixed commercial / common law practices Mixed commercial / common law practices

Education

  • Trinity College, Dublin
    LLB (Hons), Law

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