On 7 May 2024, ESMA published its call for evidence ("CfE") on the review of the Commission Directive (2007/16/EC) on UCITS Eligible Assets ("EAD"). The CfE follows the formal request from the European Commission (the...more
Welcome to the January – March 2024 issue of our Irish Quarterly Legal and Regulatory Developments report for Asset Management and Investment Funds.
This report covers key developments during the quarter, such as: ...more
4/17/2024
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Central Bank of Ireland ,
ELTIF ,
EMIR ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
ESA Listings ,
European Securities and Markets Authority (ESMA) ,
Investment Funds ,
MiFIR ,
Regulatory Agenda ,
UCITS
In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in...more
On 30 January 2024 the Economic Secretary to HM Treasury issued a statement to MPs on the long-awaited first equivalence assessment under the Overseas Fund Regime ("OFR"). Following a 'detailed assessment', European Economic...more
On 14 December 2023, the Central Bank of Ireland (the "Central Bank") published its industry letter on asset valuation (the "Industry Letter"), following on from ESMA's final report on its 2022 common supervisory action on...more
1/8/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Valuations ,
Central Bank of Ireland ,
Coronavirus/COVID-19 ,
European Securities and Markets Authority (ESMA) ,
Liquidity ,
Policies and Procedures ,
Risk Mitigation ,
Stress Tests ,
UCITS ,
Valuation
On 30 November 2023, the Central Bank of Ireland (the "Central Bank") published a public statement relating to an enforcement action against an Irish-authorised UCITS ICAV (the "ICAV") which has been reprimanded and fined...more
12/18/2023
/ Central Bank of Ireland ,
Compliance ,
Data Breach ,
EMIR ,
EU ,
ICAV ,
Investment Funds ,
Ireland ,
MiFIR ,
Securities ,
UCITS
On 10 November 2023, the Council of the EU (the "Council") published the final compromise text of the political agreement (the "Agreement") for a directive1 amending the Alternative Investment Fund Managers Directive...more
Welcome to the July – September 2023 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds.
This report covers key dates and developments during the quarter, such...more
10/18/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Client Assets ,
Cryptocurrency ,
Data Protection ,
Deadlines ,
ELTIF ,
EMIR ,
Environmental Social & Governance (ESG) ,
ESRB ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
FSB ,
Investment Adviser ,
Investment Funds ,
MiFID ,
MiFID II ,
Outsourcing ,
Privacy Framework ,
Regulatory Requirements ,
Sustainable Finance ,
UCITS
Yesterday, ESMA published a risk analysis report outlining the results of its disclosure study on ESG names and claims in the EU funds industry.
ESMA utilised natural language processing ("NLP") techniques to analyse the...more
10/4/2023
/ Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investment ,
Investment Funds ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
UCITS ,
UK
In this quarter's edition of the legal and regulatory report, we include a number of key outputs from ESMA, including its updates to Q&As on the application of the AIFMD and the UCITS Directive (outlined at sections 1.2 and...more
7/14/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Beneficial Owner ,
Central Bank of Ireland ,
Disclosure Requirements ,
ESRB ,
European Banking Authority (EBA) ,
European Commission ,
European Parliament ,
European Securities and Markets Authority (ESMA) ,
Filing Deadlines ,
Financial Markets ,
Investment Funds ,
IOSCO ,
SFDR ,
UCITS
Welcome to the January – March 2023 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds.
This report covers key dates and developments during the quarter under...more
4/21/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Companies Registration Office (CRO) ,
ELTIF ,
EMIR ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Stability Board ,
Investment Funds ,
MiFID ,
Money Market Funds ,
National Competent Authorities (NCA) ,
SFDR ,
UCITS ,
UK
On 24 March 2023, the Central Bank of Ireland (the "Central Bank") published its industry letter (the "Industry Letter") setting out its own findings and expectations following its review of the costs and fees charged to...more
On 1 December 2022, the Central Bank of Ireland (the “Central Bank”) published its consultation paper CP152 on own funds requirements for UCITS management companies and AIFMs authorised for discretionary portfolio management...more
On 16 November 2022, the Central Bank of Ireland (the "Central Bank") published a public statement relating to its enforcement action against a UCITS management company which has been fined €117,600 and reprimanded by the...more
1.1 ESMA UCITS Q&A updates On 20 July 2022, ESMA published an updated version of its UCITS Q&As with the following new Q&As:
Section X: Depository – new Q&As 7 and 8 on reconciliations; and -
• Section XIII: Delegation...more
10/17/2022
/ Amended Regulation ,
Central Bank of Ireland ,
Enforcement ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
FSMA ,
IOSCO ,
ISDA ,
Liquidity ,
Money Market Funds ,
UCITS
On 4 October 2022, the Central Bank of Ireland published a notice of intention with process clarifications for UCITS and AIFs pre-contractual documentation updates ahead of the implementation of the SFDR Level 2 requirements...more