Practice Areas Asset Management and Investment Funds
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Asset Management and Investment Funds

The ByrneWallace Asset Management and Investment Funds Team advises on all aspects of investment management, including the establishment, ongoing operations and supervision of regulated investment funds in Ireland.

We provide advice on a broad range of legal, regulatory and tax matters and advise on all types of regulated investment funds including UCITS, AIFs, and REITs. We have experience advising on all forms of investment funds structures including ICAVs, PLCs, Unit Trusts, CCFs and private investment funds (including limited partnership structures). 

We have a strong international client base and are correspondent adviser in Ireland to several global law firms in the area of Financial Services. 

Clients include leading international asset managers, investors in funds such as pension funds and insurance companies, fund administration groups, global custodians, prime brokers and other financial services organisations.

Our team is also experienced in advising on a wide category of asset classes promoted by leading US, EU and Japanese promoters.

Our Services

  • Investment fund structuring and establishment in Ireland
  • Authorisations by Central bank
  • Advice on structuring options having regard to tax treatment of investors and distribution issues
  • Preparation of required documentation
  • Negotiation of derogations with the Central Bank of Ireland and day-to-day liaison with the Bank and the Irish Stock Exchange
  • Appointment of third party service providers, including investment managers, depositaries, administrators, AIFMs, prime brokers, and distributors
  • Advice on EU passporting issues under AIFMD, UCITS, MiFID, the Prospectus Directive etc, and related registration issues
  • Advice on disclosure issues under the EU Disclosure regime, including the Prospectus Directive, the Transparency Directive and EMIR etc
  • Advice on AML and FATF compliance issues
  • Foreign registrations
  • Advice on day to day operational matters including administration and  corporate governance

Recent Transactions 

  • Adviser on establishment of Umbrella Property ICAV and build-up of commercial property portfolio applying combinations of senior/junior debt financing and use of privately placed and listed loan note instruments.
  • Adviser on Commercial Property Part 24 PLC on set-up, build-up of portfolio, and subsequent un-wind in compliance with CBI and IREF requirements.
  • Adviser on UCITS long only equites Fund as ICAV.
  • Adviser on several Private Investment Funds using the 1907 Act limited partnerships and related AIFM registrations.
  • Adviser on several EU VECA Funds, including  structuring of LP investor interests and preparation of regulatory business plans for the  relevant AIFM, including compliance obligations.
  • Adviser on set-up of CBI authorised Depositary operation of Branch of EU Credit Institution.
  • Adviser on several Profit Participating Loan Note Programmes using Section 110 companies as Private Investment Funds.
  • Adviser on restructuring of QIAIF Unit Trust under the 1990 Unit Trusts Act.
  • Adviser to manufacturers and distributors of public and private investment funds and related governance obligations under MiFID 2 and PRIPs Regulations for opted-up professional clients.








THE TEAM      
Joe Gavin jgavin@byrnewallace.com +353 1 691 5897 +353 1 691 5010
Anthony Smyth asmyth@byrnewallace.com + 353 1 691 5281 + 353 1 691 5010
RELATED SERVICES
RELATED TESTIMONIALS
ByrneWallace’s newly established team is led by Joseph Gavin and tax specialist Anthony Smyth. Vion Europe and ... Legal 500 2017 - Capital Markets view all related testimonials
ByrneWallace launched an ‘outstanding and creative’ funds team in April 2015. Joseph Gavin is ‘a highly com... Legal 500 2016 - Investments Funds view all related testimonials
RECENT WORK
  • DMS

    Advised DMS on restructuring of QIAIF Unit Trust

  • Jefferies LoanCore LLC

    Advised Jefferies LoanCore LLC as senior lender to Fibinacci QIAIF ICAV

  • Exeter Property Group

    Advised Exeter Property Group on the purchase and transfer of a commercial property portfolio

view all related recent work