Irish Regulatory Update

Author: Clerkin Lynch LLP

Date Published 03/03/2022

Central Bank publishes the 44th Edition of the Central Bank AIFMD Q&A

The Central Bank issued the 36th edition of the UCITS Q&A on 20th December, which includes two new Q&A’s, ID 1105 and 1106.

Question ID 1105 sets out the CBI’s expectations in respect of structures with multi-manager arrangements, confirming that they must comply with ESMA’s Q&A of July 2021 on performance fees in multi-manager UCITS. It further confirms that existing multi-manager UCITS must bring their performance fee methodologies into compliance with this by 1 January 2023.

Question ID 1106 addresses the position regarding new multi-manager UCITS who wish to utilise a performance fee. It notes that those wishing to establish a new multi-manager UCITS with a performance fee must do so in compliance with ESMA’s Q&A of July 2021 on performance fees in multi-manager UCITS.