Some Approaching Deadlines
- 1 November 2015, Central Bank UCITS Regulations (detailed below) commence on 1 November 2015 and the existing UCITS Notices fall away.
- 1 November 2015, UCITS Derogations- where a UCITS has a derogation in place from the Central Bank under the UCITS Notices, clients will need to assess whether this derogation is covered by the new Central Bank UCITS Regulations or whether a new derogation should be sought. Any new derogation should be in place before 1 November 2015.
- 31 December 2015, Corporate Governance – completion of reviews of board and individual director performance. Under the Irish Funds Corporate Governance Code, the chairperson, board membership and the performance of individual members and the board must be reviewed formally every three years. As the Code was adopted by most boards in 2012, the three year review is approaching for many boards.
- 31 December 2015, Fitness & Probity - collective investment schemes, management companies and other regulated financial service providers (RFSPs), where they have not already done so, will need to obtain their annual certification from persons performing PCFs (e.g. directors) and CFs (e.g. Money Laundering Reporting Officer (MLRO) and Company Secretary) that they are aware of the Fitness and Probity standards, agree to continue to abide by those standards and will notify the RFSP if they no longer comply. This forms part of ongoing performance monitoring set out in Section 22 of the Guidance on Fitness and Probity Standards.
- 31 December 2015, Anti-Money Laundering/ Counter Terrorist Financing (AML/CTF) - collective investment schemes and management companies should be aware of the regulatory expectation to offer training to their boards on the law relating to AML/CTF on an annual basis (and at such other times as may be appropriate). Boards should also ensure that they have considered whether to adopt a board level AML/CTF policy and where the board has adopted such a policy, that it receives appropriate confirmations from relevant persons and that it is subject to periodic review.
- 31 December 2015, Business Plan/ Programme of Activity - UCITS management companies, UCITS Self-Managed Investment Companies, AIFMs and Internally Managed AIFs, where they have not already done so, may need to obtain annual confirmations from service providers and relevant persons in accordance with their business plans/ programmes of activity, complete onsite visits with service providers, ensure adoption of valuation policy and make disclosure in respect of connected parties transactions.
- 1 Jan 2016, from this date, authorised investment funds with individual directors triggering the directors’ time commitment risk indicator will receive priority consideration for inclusion in CBI thematic reviews where board effectiveness is being assessed.
- 31 January 2016, Fitness & Probity – Deadline for filing the Annual PCF Confirmation Return (to 31/12/15) for Fund Service Providers (including AIFMs, and UCITS Management Companies).
- 19 February 2016, UCITS KIID - Annual update of the key investor information document (KIID) must be filed no later than this date (where required). Any update to the KIID filed with the Central Bank must be translated (as necessary) and filed in any other host jurisdictions where the UCITS is registered to market its shares and uploaded on the UCITS' website.
- 28 February 2016, Fitness & Probity – Deadline for filing the Annual PCF Confirmation Return (to 31/12/14) for Funds.
- 18 March 2016, UCITS V implementation deadline. UCITS should have in place UCITS V compliant depositary and sub-depositary agreements, whistleblowing policies and procedures, prospectus updates and remuneration policies and procedures.
- 30 June 2016, UCITS Management Companies, UCITS Self-Managed Investment Companies AIFMs and internally managed AIFs are expected to update business plans/programmes of activity to reflect the revised managerial functions, the organisational effectiveness role, ongoing control and operational matters by this date, in line with CP 86. Moreover, the Central Bank expects their boards to review their current board composition, taking into account the Time Commitments Guidance.
- 1 September 2016; Companies Act 2015. The bulk of the Companies Act 2014’s provisions commenced on 1 June 2015 (Commencement). If a UCITS ManCo or AIFM is converting to a CLS, the shareholder(s) of the UCITS ManCo or AIFM must pass a special resolution to adopt a new constitution, which must be filed with the Irish Companies Office (CRO) by 1 December 2016. If the UCITS ManCo or AIFM is converting to a DAC, the shareholder(s) of the UCITS ManCo or AIFM must pass an ordinary resolution resolving that the company be registered as a DAC by 1 September 2016. Variable Capital Companies may choose to update their Memorandum and Articles of Association to reflect the provisions of the Companies Act 2014 and other regulatory changes when planning their Annual General Meetings. Please see our In Focus document for more detail.
This list does not cover ad hoc filings (such as regulatory reports) or filings of annual accounts (and related documents which include annual FDI Return) and semi-annual accounts because these dates will vary to reflect the particular year end.