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
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
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
Regulatory Enforcement Issues Presentation to Irish Fund Directors Association
Regulatory-update-ESG-Investing-July2022
Irish Fund Directors Association Q&A on UCITS Liquidity
AIMA Webinars featuring Mark Browne
International perspectives on limited partnership structures (including the ILP)
https://www.aima.org/regulation/regulatory-webinars.html
Financial services between the EU and Switzerland: Latest updates
https://www.aima.org/regulation/regulatory-webinars.html
AIMA Ireland members update
https://www.aima.org/regulation/regulatory-webinars.html
Quarterly Funds Update
Asset Management Legal Updates Q1 2022
Asset Management Legal Updates Q4 2021
Asset Management Legal Updates Q3 2021
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.