On 13 December 2024, ESMA published three new questions and answers ("Q&As") which provide welcome clarification on the application of some key elements of its Guidelines on funds' names using ESG or sustainability-related...more
On 12 December 2024, ESMA published its consultation paper containing draft regulatory technical standards ("RTS") pursuant to Directive (EU) 2024/927 ("AIFMD II") on requirements with which loan-originating AIFs ("LOAIFs")...more
On 22 November 2024, the Department of Finance ("DoF") launched its public consultation on the exercise of the national discretions in Directive (EU) 2024/927 amending AIFMD (2011/61/EU) and the UCITS Directive (2009/65/EC),...more
This second instalment of our AIFMD II 101 series focuses on the new EU-wide legal framework for liquidity management tools ("LMTs") under AIFMD II.
The new rules in relation to the use of LMTs will apply to alternative...more
On 15 April 2024, Directive 2024/927/EU ("AIFMD II") entered into force, which marked a significant milestone for the European asset management industry. AIFMD II will introduce a harmonised framework for loan-originating...more
On 19 July 2024, the European Commission (the "Commission") adopted a delegated regulation and accompanying annexes containing its regulatory technical standards ("RTS") supplementing Regulation EU 2015/760, as amended by...more
8/13/2024
/ Anti-Dilution Terms ,
Central Bank of Ireland ,
ELTIF ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Final Report ,
Illiquid Assets ,
Investors ,
Liquidity ,
Regulatory Standards ,
Retail Investors ,
Swing Pricing
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 29 February 2024, the Central Bank of Ireland (the "Central Bank") published a new Regulatory & Supervisory Outlook Report outlining the key trends and risks which the Central Bank has identified as moulding the financial...more
3/29/2024
/ Artificial Intelligence ,
Central Bank of Ireland ,
Climate Change ,
Conflicts of Interest ,
Cybersecurity ,
FinTech ,
Interest Rates ,
Investors ,
Liquidity ,
Price Inflation ,
Regulatory Standards ,
Risk Assessment ,
Risk Management ,
Supervisory Guidance ,
Sustainable Finance ,
Valuation
On 11 March 2024, the Central Bank of Ireland (the "Central Bank") reached a significant milestone in finalising its framework for authorisations under the revised European Long-Term Investment Funds Regulation (EU) 2023/606...more
3/12/2024
/ AIFs ,
Asset Management ,
Central Bank of Ireland ,
ELTIF ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Investors ,
Ireland ,
Long-Term Investment Funds ,
QIAIF ,
Retail Investors
On 5 February 2024, the European Council and Parliament reached a provisional agreement on a proposal for a new regulation on ESG rating activities with the aim of boosting investor confidence in sustainable products....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 19 December 2023, in a very welcome development the European Securities and Markets Authority ("ESMA") published its final report setting out the draft Regulatory Technical Standards ("RTS") under the European Long-Term...more
12/20/2023
/ ELTIF ,
Endorsements ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Final Report ,
Investment ,
Investors ,
Liquidity ,
Liquidity Management ,
Regulatory Agenda ,
Retail Investors
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
On 16 November 2023, the Central Bank of Ireland (the "Central Bank") published its feedback statement, revised draft Central Bank Regulations (on the Senior Executive Accountability Framework ("SEAR"), the Certification...more
Regulation around ESG investment in Ireland is evolving rapidly with developments from the Central Bank of Ireland, European Commission and ESMA building an increasingly sophisticated regulatory backdrop.
Our summary of...more
11/10/2023
/ Asset Management ,
Central Bank of Ireland ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Fund Managers ,
Governance Standards ,
Green Bonds ,
Investment Funds ,
Ireland ,
MiFID II ,
Price Inflation ,
SFDR ,
Sustainable Finance
On 1 November 2023, in a welcome development, the Central Bank of Ireland (the "Central Bank") published Consultation Paper 155 on the proposed new European Long-Term Investment Funds ("ELTIF") chapter in the Central Bank's...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
Today sees a significant and very welcome announcement by Irish Funds in relation to the Irish implementation of the ELTIF 2.0 framework.
Irish Funds has confirmed in a communication to member firms that following...more
On 18 July 2023, the Central Bank of Ireland (the "Central Bank") published its latest discussion paper entitled "An approach to macroprudential policy for investment funds" (the "Paper"). The purpose of this Paper is to...more
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