Mark Browne

Mark Browne

Dechert LLP

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Irish UCITS and AIFs Permitted to Invest via Stock Connect

The Central Bank of Ireland (“CBI”) issued an update to its Q&A documents on 15 July 2015 for both UCITS and AIFMD FAQ (“Q&A”) which clarifies how Irish funds can invest in Chinese shares via the Shanghai-Hong Kong Stock...more

7/23/2015 - AIFMD AIFS Central Bank of Ireland China Clearing Agencies Foreign Investment Hong Kong Stock Exchange Investment Funds Stock Connect UCITS

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Central Bank Update Concerning Fund Management Company Boards The Central Bank has published a document in relation to Fund Management Company Boards including a feedback statement on CP86 and a new consultation on...more

7/22/2015 - AIF AIFMD Asset Management Board of Directors Central Bank of Ireland Companies Act Financial Services Industry Fund Managers Investment Funds Ireland UCITS

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Corporate Governance for Investment Firms - The Central Bank has issued a consultation paper regarding the appropriate corporate governance requirements to be applicable to investment firms. The relevant paper, CP 94,...more

6/26/2015 - Annual Reports Central Bank of Ireland Consultation Corporate Governance Investment Funds Investment Management Ireland Stock Exchange

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Client Monies - New Legislation Adopted and Guidance Issued - The Central Bank of Ireland issued two sets of regulations on 30 March 2015 relating to investor monies held by third parties. These are the Client Asset...more

5/28/2015 - Asset Management Central Bank of Ireland Companies Act EU ICAV Investment Firms Investment Funds Ireland

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

UCITS: New KIID Q&A - ESMA published revised Q&A’s on the KIID on 26 March 2015. The Q&A includes a new question on the treatment of past performance information in case of fund mergers....more

4/28/2015 - AIFMD Asset Management EMIR ESMA EU Fund Managers Investment Funds Memorandum of Understanding MiFID II Money Market Funds Shadow Banking Singapore Swaps UCITS

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

AIF Rulebook Updated - The Central Bank has issued a new edition of the AIF Rulebook dated March 2015 and replacing that dated September 2014. Key changes reflected in the updated edition include provisions reflecting...more

4/20/2015 - AIF Asset Management Central Bank of Ireland EU Financial Services Industry ICAV Investment Funds Ireland New Legislation

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

EMIR: Non-Deliverable FX Forwards and Interest Rate Swap Clearing - Non-deliverable FX forwards - ESMA confirms that EMIR clearing requirements will not apply to non-deliverable FX forwards, though reserves its...more

4/2/2015 - Benchmarks Capital Markets Crowdfunding EMIR ESMA European Commission FX Forwards Interest Rates Investment Funds MiFID II Swap Clearing

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

Central Bank Publishes Enforcement Priorities for 2015 - The Central Bank of Ireland published its statement of enforcement priorities for 2015 on 9 February 2015. The Central Bank entered into 11 enforcement settlements...more

3/23/2015 - Anti-Money Laundering Anti-Terrorism Financing Banks Central Bank of Ireland Enforcement Actions EU ICAV Investment Funds Investment Management Ireland

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

EU Passes New Council Directive to Implement “EU-FATCA" - The Council Directive passed by the EU on 1 December 2014 implements the OECD’s Common Reporting Standard (CRS) in Europe. The Directive has to be implemented...more

3/10/2015 - AIFMD Asset Management Benchmarks CCPs EIOPA EMIR ESMA ETFs EU FATCA Insolvency Investment Funds MiFID II Money Market Funds Regulatory Agenda Sovereign Debt Swap Clearing Swaps UCITS

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

AIFMD – FCA Publishes Information to Assist Alternative Investment Fund Managers with Annex IV Reporting - New FCA Q&As on GABRIEL for Annex IV reporting: On 20 January 2015, the FCA published a new Q&As document to...more

3/4/2015 - AIFMD Alternative Investment Funds Financial Conduct Authority Investment Funds Regulatory Agenda UK

Irish ICAV becomes a reality – checks all the boxes!

In our January 2014 DechertOnPoint - Yes - ICAV! Irish Minister for Finance Announces New Irish Corporate Fund Vehicle - we outlined details of the proposed new Irish corporate investment fund vehicle and the enhancements...more

2/23/2015 - Investment Funds Ireland

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

CSSF Reminder Regarding Nomination of Depositaries of Bearer Shares - The Luxembourg regulator for the financial services industry (CSSF) has issued a press release and a FAQ in relation to the immobilization of bearer...more

2/20/2015

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

ICAV Update - Bill Passed by Lower House of Parliament: On 28 January 2015, the lower house of the Irish Parliament, the Dail, approved the draft legislation, including various amendments recommended during the Report...more

2/17/2015 - EU ICAV Investment Funds Ireland

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

On 15 January 2015, the German Investment Fund Association BVI issued its latest investment statistics report, giving an overview of the net assets and net sales within the German investment fund and asset management markets....more

2/12/2015 - Asset Management Germany Investment Funds

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

According to a change of the German Investment Code (Kapitalanlagegesetzbuch – KAGB), which entered into force on 21 December 2014, a German Investment Management Company’s risk management process has to ensure that the...more

2/11/2015 - Credit Ratings Germany Investment Funds

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

In November 2014, the German Financial Supervisory Authority, BaFin, issued a guidance notice with regard to the minimum investment criteria of German retail closed-ended funds, with a view to avoid so-called blind pool...more

2/10/2015 - Germany Investment Funds New Guidance

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

On 4 November 2014, the German Financial Supervisory Authority, BaFin, issued a guidance notice with regard to the requirements that have to be met to extend the term of a German retail closed-ended fund. According to Bafin,...more

2/7/2015 - BaFin Financial Services Authority Germany Investment Funds Retail Closed-Ended Funds

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

On 26 January 2015, the AMF clarified both content and modalities of the reporting obligations by financial investment advisors associations, submitted on an annual basis. ...more

2/5/2015 - France Investment Adviser Reporting Requirements

Investment Funds Update - Europe Key legal and regulatory updates for the funds industry from the primary European asset...

The AMF introduces new technical data requirements in the authorization procedure for the management of new regulated markets or multilateral trading facilities (MTF)....more

2/4/2015 - France Investment Funds New Legislation

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

On 1 January 2015 article 315-67 of the General Regulation of the AMF, which was enacted on 10 September 2014, entered into force. Under the terms of this investment services providers...more

2/3/2015 - France Investment Funds New Legislation

ICAV for Christmas!

In our January 2014 OnPoint - Yes - ICAV! Irish Minister for Finance Announces New Irish Corporate Fund Vehicle - we outlined details of the proposed new Irish corporate investment fund vehicle and the enhancements that it...more

8/4/2014 - Foreign Investment Investors Ireland

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

The use of established third-party platforms has become increasingly popular for asset managers launching UCITS-compliant funds in recent years. The indicators are that this trend is likely to be even more pronounced among...more

6/24/2014 - AIFMD Alternative Investment Funds Asset Management EU Investment Funds Third-Party UCITS

No KIIDing - Hefty Fine from UK Regulator Underlines Importance of Compliance by UCITS

A fine of over £18 million was recently imposed by the UK regulatory body, the Financial Conduct Authority (the “FCA”), on a fund manager for a range of compliance breaches, including failing to ensure that its KIIDs were...more

6/7/2014 - Asset Management Compliance Derivatives EU Financial Conduct Authority Fines Investment Funds Investors KIID Popular SRRI UCITS UK

International Transfer Window Now Open for Irish Pensions

The Irish High Court recently considered the transferability of personal retirement savings accounts (“PRSAs”) to overseas jurisdictions. This decision could have important implications for the Irish pensions industry, which...more

5/21/2014 - Ireland Pensions

Central Bank brings Exempt Unit Trusts into the AIFMD net, REITs may escape, SPVs exempt for now

The Central Bank of Ireland (the “Central Bank”) issued feedback on 28 March 2014 to its consultation in relation to whether investment structures, most notably exempt unit trusts (“EUTs”), should be considered to be...more

4/2/2014 - AIFMD Banks Mortgage REITS SPVs

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