Asset Management and Funds

We advise on the structuring, establishment and ongoing operation of investment funds in Ireland, including UCITS and Alternative Investment Funds, for international distribution. We assist clients in liaising with and obtaining appropriate regulatory authorisations from the national regulatory authority, the Central Bank of Ireland. We also advise on issues affecting clients throughout the asset management and broader financial sector, including with regard to AML, MiFID, crypto-currencies, distance selling and internet-based products and investments. ESG is an area of particular focus for the practice and one the team has specific expertise in.

 

The Asset Management and Funds team liaises with other departments of the firm, including Banking and Financial Services, Corporate, Data Protection and Technology to assist clients with a comprehensive range of legal services when appropriate. The result is ensuring that client issues can be addressed in a seamless and efficient manner. We only provide Irish legal services but work though our network of international legal firms to provide comprehensive cross border legal services, as and when required, to provide cost efficient solutions in related contexts.

In addition to advising on transactional work and obtaining regulatory authorisations, we advise financial service providers and corporations on the complex regulatory issues and the potential litigation problems that can arise from breach of such regulations in a solutions driven manner.

 

Recent Publications

 

 

Quarterly Funds Updates:

 

•Q3 Asset Management and Funds Update 2024

 

•Q2 Asset Management and Funds Update 2024

 

•Q1 Asset Management and Funds Update 2024

 

• Read more Quarterly Updates here

 

 

 

Legal Updates on Key Issues

 

 

Costs and Charges:

 

•Latest European Fund Growth Statistics

 

•ESMA Researching European Fund Costs

 

•Read more about Costs and Charges

 

ESG and SFDR:

 

•ESMA issues Q&A on Fund ESG Names

 

•Changes in ESG Preferences

 

•Read more about ESG and SFDR

 

 

 

Distribution:

 

•ESMA publishes second overview of national rules governing fund marketing

 

•New MiFID II Suitability Rules

 

•Read more about Distribution here

 

GDPR:

 

•€310 million GDPR fine

 

•€91 million GDPR fine

 

•Read more updates about GDPR here

 

 

Liquidity:

 

•UCITS Liquidity and the Risk Management Framework

 

•Irish Fund Directors Association Q&A on UCITS Liquidity

 

 

 

Cryptos:

 

•ESAs issue Crypto Supervisory Guidance

 

•Final RTS under MiCAR issued by ESMA

 

•Read more updates about cryptos here

 

 

Litigation and Enforcement:

 

•BHS case and Directors’ Liability

 

•Central Bank Enforcement Action

 

•Read more updates about litigation and enforcement here

 

 

Central Bank updates:

 

•Central Bank Year End Deadlines

 

 

•Central Bank Thematic Review of Irish ETFs

 

 

•Read more Central Bank updates here

 

 

MiFID:

 

•New CBI MiFID Guidance and Forms

 

•ESMA AI Guidance for MiFID investment firms

 

•Read more about MiFID here

 

 

ELTIF:

 

•CBI Updates for Open-ended ELTIFs

 

•ESMA Proposed Changes to ELTIF

 

•Read more ELTIF updates here

 

 

 

CrowdFunding:

 

•Crowdfunding Regulations Questions and Answers

 

•Crowdfunding Regulations – New Questions and Answers

 

•Central Bank updates guidance for Crowdfunding Service Providers

 

DORA:

 

•ESA Updates on DORA

 

 

ESMA Updates:

 

•New European “Fit and Proper” Guidelines

 

•ESMA Opinion on Global Crypto Firms

 

•ESMA updates AIFMD and UCITS Q&A

 

•Read more ESMA Updates Here

 

General:

 

•Irish Funds Sector Review 2030 Issued

 

•AIFMD II Published in Official Journal

 

•Read more general legal updates here

 

 

Articles:

 

•CP86 and Appointing a Fund Management Company

 

•Key Considerations in Assessing a Third-Party Entity to be appointed as a Fund’s Management Company

 

•SMICs-Appointing-an-Affiliated-Management-Company-Key-considerations-for-Boards

 

•Key Considerations When Launching a Fund on a Third-Party UCITS or AIFMD Compliant Platform

 

 

Recent Presentations

 

•CL Presentation on Fund Marketing

 

•CL Presentation on Mancos

 

•ESG Investing – October 2023

 

•Overview of the ICAV

 

•Regulatory Enforcement Issues Presentation to Irish Fund Directors Association

 

•Revised EU Fund Cross Border Distribution Regime

 

AIMA Webinars featuring Mark Browne

 

Financial services between the EU and Switzerland: Latest updates 

https://www.aima.org/regulation/regulatory-webinars.html

 

AIMA Ireland members update

https://www.aima.org/regulation/regulatory-webinars.html

 

Investment Limited Partnership Structure

International perspectives on limited partnership structures (including the ILP)

https://www.aima.org/regulation/regulatory-webinars.html

 

European Fund Costs and Fees

https://www.aima.org/event/fund-costs-and-charges.html