The Central Bank of Ireland (the “Central Bank”) sent a communication to the Irish funds industry on 1 December 2021, outlining the timeframes for receipt of: (i) QIAIF authorisations / approvals and notings; (ii) ICAV...more
The Central Bank of Ireland (the “Central Bank”) has published two documents which are significant steps towards enhancing the private equity and private credit product offerings currently available in Ireland. These...more
For many in the Funds Industry, the issue on 20 October 2020 of the Central Bank of Ireland’s (the “Central Bank”) Industry Letter (the “Industry Letter”) relating to the Central Bank’s Thematic Review of Fund Management...more
10/28/2020
/ AIFMD Passport ,
AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Board of Directors ,
Central Bank of Ireland ,
Corporate Culture ,
Corporate Governance ,
Designated Agent ,
Diversity ,
Enforcement Actions ,
EU ,
European Securities and Markets Authority (ESMA) ,
Full-Time Employees ,
Fund Management Companies ,
Fund Managers ,
ICAV ,
Industry Letters ,
Investment Funds ,
Ireland ,
Oversight Duties ,
Risk Management ,
UCITS ,
UK Brexit
Britain’s Prime Minister, Boris Johnson, secured victory in the December 2019 general election with a promise to “get Brexit done.” The UK duly left the European Union (EU) on 31 January, 2020, and the UK and the EU have...more
3/6/2020
/ AIFM ,
AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Central Bank of Ireland ,
CSSF ,
Equivalency Determinations ,
EU ,
EU-27 ,
Free Trade Agreements ,
Implementation Day ,
Ireland ,
Luxembourg ,
Member State ,
Temporary Permissions Regime (TPR) ,
Transitional Arrangements ,
UCITS ,
UK ,
UK Brexit
In September 2019, the Central Bank of Ireland (the Central Bank) published CP130, a consultation paper on the proposed regulatory framework (the Framework) for the treatment, correction and redress of errors in investment...more
11/14/2019
/ AIFs ,
Asset Management ,
Central Bank of Ireland ,
Corrective Actions ,
Fund Management Companies ,
Fund Managers ,
IMF ,
Investment Funds ,
Investors ,
IOSCO ,
Ireland ,
Money Market Funds ,
Notice Requirements ,
Public Consultations ,
Reporting Requirements ,
UCITS
ESMA published a consultation (the “Consultation”) on draft guidelines for UCITS performance fees (the “Draft Guidelines”) on the 16 July 2019. The objective of the Consultation is to obtain stakeholder feedback on the...more
8/30/2019
/ Broker-Dealer ,
Central Bank of Ireland ,
Draft Guidance ,
European Securities and Markets Authority (ESMA) ,
Investment Adviser ,
Investment Funds ,
IOSCO ,
Ireland ,
Performance Fee Rule ,
Public Consultations ,
Transparency ,
UCITS
The Central Bank of Ireland (the “Central Bank”) on 18 July 2019 published a ‘Dear Chair’ letter to the industry (the “Industry Letter”) highlighting the key supervisory issues identified in a thematic review of Irish...more
On 7 August 2019, the Central Bank of Ireland (the “Central Bank”) issued an industry letter (the “Industry Letter”) regarding the importance of ongoing, effective liquidity management and ensuring compliance with relevant...more
On 20 June, 2019, Ireland’s government released its proposed Investment Limited Partnerships (Amendment) Bill 2019 (the “Bill”) that will update the Investment Limited Partnership (“ILP”) structure....more
6/21/2019
/ AIFM ,
AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Central Bank of Ireland ,
Corporate Structures ,
ICAV ,
Investment Companies ,
Investment Funds ,
Investment Limited Partnership ,
Ireland ,
Limited Partnerships ,
Offerings ,
Partnerships ,
Proposed Amendments ,
QIAIF
On 8 April 2019, the Central Bank of Ireland (the “CBI”) issued a Dear CEO Letter (the “Letter”) to the management of all regulated financial services firms (“Regulated Firms”) highlighting what it believes is a lack of...more
On March 21, 2019, the Central Bank of Ireland (CBI) confirmed its approval of the use of Bond Connect for Irish-authorised UCITS and Alternative Investment Funds (AIFs). In addition, the CBI reiterated that Irish-authorised...more
The Central Bank of Ireland (the “Central Bank”) has introduced welcome changes to the authorisation and post-authorisation of UCITS and Retail AIFs by applying a self-certification process to a number of actions and a new...more
10/16/2018
/ AIFs ,
Asset Management ,
Central Bank of Ireland ,
Depository Institutions ,
Financial Indices ,
Investment Funds ,
Ireland ,
Limited Partnership Agreements ,
Mergers ,
Self-Certification ,
Share Classes ,
UCITS
In a recent release, the Central Bank of Ireland (CBI) announced its intention to amend, with effect from 7 March 2018, the AIF Rulebook in relation to Loan Originating Qualifying Investor Alternative Investment Funds...more
If you’ve been involved in the funds industry, you will be well aware of the ever-increasing focus on anti-money laundering and “know your customer” requirements by national and supranational regulatory bodies alike. In...more
9/19/2017
/ Anti-Money Laundering ,
Beneficial Owner ,
Central Bank of Ireland ,
Customer Due Diligence (CDD) ,
Enforcement Actions ,
EU ,
Examination Priorities ,
Internal Reporting ,
Ireland ,
Legal Entities ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Registration Requirement
The Department of Finance has issued its Feedback Statement on its public consultation on national discretions under MiFID II. The consultation dealt with the exercise of national discretions in relation to the implementation...more
7/19/2017
/ Department of Finance ,
EU ,
European Securities and Markets Authority (ESMA) ,
Foreign Investment Entities (FIEs) ,
Ireland ,
MiFID ,
MiFID II ,
MiFIR ,
Public Consultations ,
Safe Harbors ,
UCITS ,
UK
For the past two years, the European Securities and Markets Authority (“ESMA”), Europe’s main securities regulator, has had UCITS share classes in their sights. It has issued two discussion papers on the topic and has now...more
The Central Bank of Ireland’s CP86 Consultation Process on Fund Management Company Effectiveness has been a hot topic in the Irish funds industry over the last two years. The proposals in their June 2016 CP86 consultation...more
For more than 25 years, the essential text for anybody wishing to navigate the regulatory environment for UCITS in Ireland has been the UCITS Notices which were supplemented by UCITS Guidance and then the UCITS Q&A....more
The eagerly anticipated Irish Collective Asset-management Vehicles Act 2015 (the “ICAV Act”) was signed into law in March 2015 and the first Irish Collective Asset-management Vehicles (“ICAVs”) have been authorised by the...more
6/18/2015
/ AIF ,
Asset Management ,
Central Bank of Ireland ,
Check the Box Rules ,
Controlled Foreign Corporations ,
Debentures ,
ICAV ,
International Tax Issues ,
Investment Funds ,
Ireland ,
Passive Foreign Investment Company ,
Publicly-Traded Companies ,
Shareholders ,
UCITS ,
Unit Trusts
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
Dechert commented on the Central Bank's Discussion Paper on Loan Origination by Investment Funds in our OnPoint “After AIFMD, the Central Bank turns its attention to loan origination funds” (July 2013)....more
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
Following Dechert’s series of reports in relation to the Chilean pension funds market and its accessibility to Irish UCITS, see Dechert OnPoint - Moody’s Upgrade Points to Reopening of the Chilean Pension Market to Irish...more
5/9/2014
/ Bailout ,
Cross-Border ,
Equity Markets ,
EU ,
Fitch ,
Foreign Markets ,
Investment Funds ,
Ireland ,
Moody's ,
Pensions ,
S&P ,
UCITS
It’s been a rocky road for Dublin over the past few years, but last month’s exit from the European Union-International Monetary Fund bailout and last Friday’s welcome news that Moody’s would follow Fitch and S&P by upgrading...more
The Irish Minister for Finance published the General Scheme of the Irish Collective Asset-management Vehicle (ICAV) Bill 2014, shortly before Christmas (20 December).
The ICAV is a new corporate vehicle designed...more