When the United Kingdom (“UK”) leaves the European Union (“EU”) (with or without a withdrawal agreement in place) the UK will become a “third country” and will therefore lose the passporting rights available to UCITS, UCITS management companies and alternative investment fund managers (“AIFMs”) under EU legislation. We have advised our clients on the implementation of their Brexit contingency plans, including advising on the establishment and authorisation of UCITS management companies, AIFMs and Super ManCos (that is, management companies with an authorisation under both the UCITS Directive and the Alternative Investment Fund Managers Directive (“AIFMD”)) in Ireland, including in many cases obtaining an additional individual portfolio management (“IPM”) authorisation. An alternative to establishing a management company is to appoint a third party management company or to use a third party platform. The implementation of these plans will ensure that UK investment fund managers will continue to have access to EU markets in the event of a loss of passporting rights.
Our Brexit tracker for Irish investment funds notes the latest Brexit-related developments impacting the Irish investment funds industry in reverse chronological order, allowing you to keep up to date on the key matters impacting the industry.
Please get in touch with your usual Asset Management and Investment Funds Department contact or any of the contacts listed in this publication should you require further information in relation to the material referred to in the Brexit tracker.