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
. ESMA Focus on Reverse Solicitation
. Central Bank focus on Investor Suitability under MiFID
. Central Bank focuses on Payment and Electronic Money Firms
. 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
. SMICs-Appointing-an-Affiliated-Management-Company-Key-considerations-for-Boards
. Key Considerations When Launching a Fund on a Third-Party UCITS or AIFMD Compliant Platform
Recent Presentations
AIMA Webinar: International perspectives on limited partnership structures (including the ILP
. Presentation Regulatory Update on ESG Investing
. Irish Fund Association Q&A on UCITS LRMF
Quarterly Funds Update
. Asset Management Legal Updates Q3
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.