Cayman Islands

A Guide to Establishing UCITS in Ireland

 UCITS offer investment managers a unique opportunity to significantly expand their distribution. UCITS are entitled to passport throughout the EU and have been approved for distribution in over eighty five countries. UCITS offer investors a product which operates within a well-defined regulatory framework where significant checks and balances exist. Given the appetite of investors for […]

A Guide to Establishing an Alternative Investment Fund in Ireland

Alternative Investment Funds AIFs in Ireland may be established as either Retail Investor Alternative Investor Funds (“RIAIFs”) or Qualifying Investor Alternative Investor Funds (“QIAIFs”). A RIAIF may be marketed to retail investors and no minimum subscription requirements apply. A RIAIF must utilise an authorised Alternative Investment Fund Manager (“AIFM”). However, as it is a retail […]

Experienced Independent Directors for Investment Funds

KB Associates is an independent consulting firm dedicated to meeting the needs of investment funds and their promoters. KB Associates provides experienced independent directors to serve on the boards of investment funds and management companies in all of the major fund jurisdictions. Since its inception KB Associates has provided investment funds with independent directors meeting […]

Risk Management Services for Investment Funds – Ireland

Directive 2001/61/EU (the “Alternative Investment Fund Managers Directive” or “AIFMD”) and the Commission Delegated Regulation (EU) No 231/2013 (“AIFMD Level 2”) (collectively “the Regulations”) impose significant Risk Management organisational requirements on Alternative Investment Fund Managers (“AIFMs”) managing Alternative Investment Funds (“AIFs”) within the EU. Non-EU AIFMs that manage AIFs domiciled within the EU or market non-EU domiciled AIFs to EU investors are […]

MLRO Services for Investment Funds – Ireland

Regulatory Obligations The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and the Criminal Justice (Terrorist Offences) Act 2005 impose requirements on regulated entities to operate controls and procedures designed to prevent money laundering and combat the financing of terrorism (“AML/TF Process”). Irish investment funds are subject to these requirements and have a regulatory […]

Company Secretarial Services

Irish Company Law requires every company to have a company secretary. KB Associates provides a dedicated corporate secretarial service to investment companies and management companies (“Companies”), both UCITS and non-UCITS. In addition to the Irish legislative requirements, the introduction of the IFIA Corporate Governance Code for Collective Investment Schemes and Management Companies requires Companies to […]

Solutions for Hedge Fund Managers

Hedge fund managers face an increasingly challenging investment, risk management, operational and regulatory environment. It is essential that scarce management resources be free to focus on the investment decision making process critical to ensuring success. Simultaneously managers must address a range of risk management, operational and regulatory issues. As the hedge fund industry develops it […]

Global Fund Registrations for Investment Funds

UCITS and AIFMD compliant funds are marketed to investors around the world. In the EEA, the sale of these investment funds is facilitated by the use of a passport. When distributing outside of the EEA, funds must register directly with local regulators and/or follow local marketing rules and regulations. EEA Passports The UCITS Directive and […]

Section 110 Companies Legislative Amendment – September 2016

Background on Section 110 Companies Section 110 of the Irish Taxes Consolidation Act, 1997 provides advantageous tax treatment for Irish SPVs that meet the “qualifying companies” requirements. Section 110 companies are widely used by non-UCITS funds. “Qualifying companies” must: Be resident in Ireland for tax purposes Acquire, hold or manage “qualifying assets” Carry out a […]

Central Bank of Ireland Third Consultation – CP86 June 2016

Background and Introduction In September 2014, the CBI1 issued a consultation paper entitled Fund Management Company Effectiveness – Delegate Oversight (‘CP86’). CP86 applies to both UCITS and AIFMD compliant funds and management companies. In November 2015, the CBI issued guidance in respect of: Delegate Oversight Organisational Effectiveness Directors’ Time Commitments In CP86 June 2016, the […]