Asset Management and Investment Funds
Our lawyers have deep and broad experience in this sector, allowing us to deliver integrated advice to our clients on all aspects of asset management and investment funds.
Our Asset Management and Investment Funds Group brings together legal, regulatory, derivatives, stock exchange listing, corporate governance, tax and business advisory expertise. Our clients include a wide range of fund managers and fund service providers, including some of the largest investment managers in the international and domestic funds markets.
‘They are always attentive and will respond immediately to our queries. They will describe the action plan they propose taking but more importantly they will start work on it exactly to our demands and are conscientious and work well with timescales and to given deadlines.’The Legal 500, 2022
‘We feel that we are given good treatment and appropriate priority. When one team member is away the rest of the team work out appropriate cover to avoid slippage and ensure consistency of service.’The Legal 500, 2022
‘Responsive and helpful team, well connected in the industry.’The Legal 500, 2022
‘They are well connected within the industry and provide commercial, pragmatic and timely advice on the various issues which we had to deal with.’Chambers 2022
‘Responsive and thoughtful in their advice. For many projects, I can leave entirely in McCann Fitzgerald's hands with confidence that the project will be properly handled.’IFLR 1000, 2022
We provide a full range of legal, company secretarial and regulatory services to Irish authorised funds and their managers. We also advise, administrators, depositaries and seed investors in those funds.
We have in-depth, specialist experience in areas including UCITS, structured products, ETFs, alternative investment funds (both retail and qualified), money market funds, managed account platforms, hedge funds, closed-ended funds, private equity funds and real estate funds (including REITs).
Our group advises extensively on the structuring and establishment of investment funds of all types and structures. We have acted as project managers and legal advisers for the establishment of a number of complex and innovative structures and are regularly at the forefront of developments in the funds industry. Our “firsts” include being one of the first Irish law firms to advise on:
- Complex UCITS funds
- Irish-domiciled ETFs
- Alternative investment fund manager authorisations
- Managed account platforms
- The redomiciliation of a Cayman Island fund by way of continuation
- Closed-ended funds
- Investing by an Irish fund in China A-shares
We regularly advise our clients on the full complement of regulatory requirements impacting on investment funds. This encompasses advice on fund management company governance issues, including, fitness and probity and related requirements. We advise clients on remuneration policies and practices, risk, valuations and conflicts policies and procedures, tailored advice on anti-money laundering requirements and cyber security requirements.
We have extensive experience in advising on all aspects of supervisory engagement ranging from reporting requirements to themed inspections, regulatory investigations and administrative sanctions. We also provide fund registration and passporting services in the context of UCITS and alternative investment funds.
We also offer a dedicated investment funds company secretarial service and other compliance services to support funds and management companies through our Corporate Secretarial & Compliance Services Group.
We have significant experience in advising major Irish and international financial institutions and corporates on derivatives including in particular in relation to EMIR. We are advisers to many of the leading industry associations and are Irish counsel in respect of diverse industry standard documents, such as ISDA, GMRA, OSLA and GMSLA. We have also taken a proactive role in relation to the legislative and regulatory requirements applicable to derivatives and other capital markets transactions.
We provide Stock Exchange listing services for investment funds, as well as debt and derivative securities, through the firm's subsidiary, McCann FitzGerald Listing Services Limited, which is an approved listing sponsor at the Irish Stock Exchange.
Our firm, uniquely among Irish law firms, has a specialist tax division within our Finance Group which advises on all Irish tax aspects of financial services transactions, including investment funds. Our tax colleagues advise on all of the tax implications relating to investment funds themselves, the establishment of the Irish management company as well as the tax consequences for fund investors.
We are at the forefront of regulatory developments through our participation in industry representative bodies, including Irish Funds (IF), as well as the Taoiseach’s IFSC Funds Legislative Group. Most notably, Mark White served as a member of the IF’s Council from 2012 – 2015 and currently is chair of the IF’s Private Equity Working Group; Tony Spratt is Chair of the IF’s AIFMD Working Group. Iain Ferguson is Chair of the Front Office Working Group and is a member of the IF’s ETF Working Group since its formation. Through our industry participation, we played a leading role in the development of the ICAV, Ireland’s bespoke vehicle for investment funds. We are also regular speakers and contributors at IF and IBA events in London and North America.