Asset Management and Funds

We advise on the structuring, establishment and ongoing operation of investment funds in Ireland, including UCITS and Alternative Investment Funds, for international distribution. We assist clients in liaising with and obtaining appropriate regulatory authorisations from the national regulatory authority, the Central Bank of Ireland. We also advise on issues affecting clients throughout the asset management and broader financial sector, including with regard to AML, MiFID, crypto-currencies, distance selling and internet-based products and investments. ESG is an area of particular focus for the practice and one the team has specific expertise in.


The Asset Management and Funds team liaises with other departments of the firm, including Banking and Financial Services, Corporate, Data Protection and Technology to assist clients with a comprehensive range of legal services when appropriate. The result is ensuring that client issues can be addressed in a seamless and efficient manner. We only provide Irish legal services but work though our network of international legal firms to provide comprehensive cross border legal services, as and when required, to provide cost efficient solutions in related contexts.


In addition to advising on transactional work and obtaining regulatory authorisations, we advise financial service providers and corporations on the complex regulatory issues and the potential litigation problems that can arise from breach of such regulations in a solutions driven manner.


Recent Publications:


Legal Updates


ESG Manco Deadline Fast Approaching


Updated ESMA Report on Fund Costs and Fees


GDPR article – data access requests


Record Fine by Irish Financial Regulator


Costs and Charges under MiFID II


Central Bank Structured Retail Product Review


EU ESG Regulatory Update


New Central Bank Warning on Cryptos


GDPR Fine of €17 million for META


Central Bank Focus on Greenwashing


Central Bank of Ireland clarifies its Priorities and Focus


 ESMA Focus on Reverse Solicitation


 Central Bank focus on Investor Suitability under MiFID


Central Bank focuses on Payment and Electronic Money Firms


Crypto Funds in Ireland


RTS Issued – Further details of EU requirements for Green Funds Released


New Requirements for Marketing European Investment Funds


CP86 Compliance – Is a Plan B Required? 


EU’s New Cross-Border Distribution Framework – Local Facilities in Member States 


Pre Marketing of Investment Funds – Updated Guidance


GDPR and Data Breach Notifications – Updated Guidance


Data Protection and GDPR New Standard Contractual Clauses


Investment Funds and the Irish Property Market


Recent Articles 


UCITS Liquidity and the Risk Management Framework


Regulatory Focus on Fund Charges


CP86 and Appointing a Fund Management Company


Key Considerations in Assessing a Third-Party Entity to be appointed as a Fund’s Management Company




Key Considerations When Launching a Fund on a Third-Party UCITS or AIFMD Compliant Platform


Recent Presentations


Overview of the ICAV


Regulatory Enforcement Issues Presentation to Irish Fund Directors Association




GDPR and the Funds Industry


Irish Fund Directors Association Q&A on UCITS Liquidity


AIMA Webinars featuring Mark Browne


International perspectives on limited partnership structures (including the ILP)


Financial services between the EU and Switzerland: Latest updates


AIMA Ireland members update


Quarterly Funds Update


Asset Management Legal Updates Q1 2022


Asset Management Legal Updates Q4 2021 


Asset Management Legal Updates Q3 2021



Mark Browne


Mark Browne is a partner in Clerkin Lynch and head of the Asset Management and Funds Department. Mark has in excess of fifteen years related experience and has worked in a number of the world’s leading fund domiciles. Prior to joining Clerkin Lynch to lead this Department Mark had been a partner in both a large Irish and an international law firm where he specialized in advising on related legal issues.

More about Mark Browne