Fund management—Ireland—Q&A guide

The following Financial Services practice note provides comprehensive and up to date legal information covering:

  • Fund management—Ireland—Q&A guide
  • 1. How is fund management regulated in your jurisdiction? Which authorities have primary responsibility for regulating funds, fund managers and those marketing funds?
  • 2. Is fund administration regulated in your jurisdiction?
  • 3. What is the authorisation or licensing process for funds? What are the key requirements that apply to managers and operators of investment funds in your jurisdiction?
  • 4. What is the territorial scope of fund regulation? Can an overseas manager perform management activities or provide services to clients in your jurisdiction without authorisation?
  • 5. Is the acquisition of a controlling or non-controlling stake in a fund manager in your jurisdiction subject to prior authorisation by the regulator?
  • 6. Are there any regulatory restrictions on the structuring of the fund manager’s compensation and profit-sharing arrangements?
  • 7. Does the marketing of investment funds in your jurisdiction require authorisation?
  • 8. What marketing activities require authorisation?
  • 9. What is the territorial scope of your regulation? May an overseas entity perform fund marketing activities in your jurisdiction without authorisation?
  • More...

Fund management—Ireland—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to fund management in Ireland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Dillon Eustace—Sarah Cassidy; Shane Geraghty

1. How is fund management regulated in your jurisdiction? Which authorities have primary responsibility for regulating funds, fund managers and those marketing funds?

The Central Bank of Ireland (the Central Bank) is responsible for the regulation of fund management and marketing in Ireland, pursuant to EU and domestic legislation and guidance issued and conditions imposed by the Central Bank itself. The Central Bank has responsibility for the authorisation and ongoing supervision of all types of funds domiciled in Ireland (ie, both undertakings for collective investment in transferable securities (UCITS) and alternative investment funds (AIFs)) and for Irish-domiciled UCITS management companies, investment managers and alternative investment fund managers (AIFMs).

2. Is fund administration regulated in your jurisdiction?

Yes, the Central Bank is responsible for the authorisation, regulation and supervision of administrators in Ireland under the domestic Investment Intermediaries Act 1995 regime. Fund administration activities include the calculation of the net asset value (NAV), preparation of periodic reports, calculation and payment of distributions, payment of expenses and maintenance of a fund’s financial books and records. It is possible for the administrator to delegate certain elements of the administration process outside of the

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