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 4 April 2023, in a welcome development the Central Bank of Ireland (the "Central Bank") updated its AIFMD Q&A (47th edition) to increase the investment limits for qualifying investor alternative investment funds ("QIAIFs")...more
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 20 March 2023, the revised European Long-Term Investment Funds Regulation (EU) 2023/606 (the “Regulation”) was published in the Official Journal of the European Union, entering into force on the twentieth day following...more
On 9 March 2023, the President of Ireland signed the Central Bank (Individual Accountability Framework) Bill 2022 (the "Bill") into law. See our previous update here for a detailed examination of the contents of the Bill. ...more
On 2 March 2023, the Central Bank of Ireland (the “Central Bank”) published its third annual Securities Markets Risk Outlook Report (the “Report”). The Report highlights the conduct risks that the Central Bank has identified...more
3/9/2023
/ Central Bank of Ireland ,
Cryptoassets ,
Cybersecurity ,
Economic Downturn ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Services Industry ,
Investment ,
Liquidity ,
Popular ,
Risk Assessment ,
Securities ,
SFDR ,
Sustainability
Welcome to the October – December 2022 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds. This report covers key developments during the quarter under the...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 7 December 2022, the Central Bank of Ireland (the “Central Bank”) issued a 'Dear CEO' letter (the "Letter") setting out the findings of its recently completed thematic review assessing how Fund Management Companies have...more
Substantial changes to Irish whistleblowing law will be introduced by the Protected Disclosures (Amendment) Act, 2022 (the “Amendment Act”) on 1 January 2023.
Protection for whistleblowers is not a new concept in...more
12/1/2022
/ Anti-Money Laundering ,
Confidentiality Policies ,
Criminal Liability ,
Disclosure Requirements ,
EU ,
Financial Services Industry ,
Ireland ,
Protected Disclosures ,
Terrorist Financing ,
Whistleblower Protection Policies ,
Whistleblowers
As outlined in our previous advisory ‘Central Bank’s property fund proposals’, the Central Bank of Ireland (the “Central Bank”) has recently been consulting on two key proposals:
a proposal to introduce leverage limits...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
On 14 November 2022, the Central Bank of Ireland (the “Central Bank”) published an Industry Communication entitled “Sustainable finance and the asset management sector: Disclosures, investment processes & risk management”....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
The Central Bank (Individual Accountability Framework) Bill 2022 (the “IAF Bill“) was published on 28 July 2022 by the Department of Finance, following the publication of the General Scheme of the IAF Bill (“General Scheme”)...more
The Central Bank of Ireland has published guidance notes and submission templates on the new outsourcing registers that regulated financial services providers are expected to establish and maintain.
For any entities...more
Having recently conducted a number of anti-money laundering, counter financing of terrorism and financial sanctions (“AML/CFT/FS”) supervisory engagements with Funds and Fund Management Companies (“Firms”), the Central Bank...more
Challenges create opportunities and the environmental and social challenges we currently face are no exception. In this paper we consider the opportunities provided by sustainable finance, and more specifically impact...more
8/9/2022
/ AIFM ,
Climate Change ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Green Bonds ,
International Capital Markets Association (ICMA) ,
Investment ,
Paris Agreement ,
Policies and Procedures ,
Sustainability ,
Sustainable Business Practices ,
Sustainable Finance ,
Taxonomy ,
UCITS
On 31 May 2022, the European Union (Undertakings for Collective Investment in Transferable Securities) (Amendment) Regulations 2022 were published in Iris Oifigiúil and will come into operation on 1 January 2023. The...more
7/15/2022
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Asset Valuations ,
Belarus ,
Economic Sanctions ,
EU ,
European Central Bank ,
European Securities and Markets Authority (ESMA) ,
Investment Funds ,
IOSCO ,
Notice of Intent ,
Outsourcing ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Russia ,
Sustainable Finance ,
UCITS ,
Ukraine
On 1 July 2022, the Central Bank provided an update relating to the pre-submission process it has in place for certain Qualifying Investor Alternative Investment Funds (“QIAIFs”). Going forward this process is only required...more