Asset Management & Investment Funds – Top 5 Issues

  1. Restricted EU market access for UCITS products - UCITS established in the UK may no longer be capable of being marketed via passport within the EU or perhaps recognised in important markets outside the EU such as Hong Kong and Singapore. Consideration may have to be given to re-domiciling UK UCITS products which rely on the EU passport to elsewhere in the EU, such as Ireland. The depositary of a UCITS must be established in its home Member State and, if the UCITS has an external management company, this must be EU-based. Therefore, apart from re-domiciling the UK UCITS, some of its key service providers will or may also have to change if they are currently UK-based.
  2. Restricted EU market access for hedge funds - Currently, UK alternative investment fund managers ("AIFMs") may market EU alternative investment funds (i.e. EU hedge funds) within the EU via passport. Post-Brexit, depending upon the domicile of the AIF, the UK AIFM may or may not be entitled to manage it, but the EU marketing passport would be unavailable and national private placement regimes ("NPPRs") might have to be relied upon. For UK AIFMs managing and marketing non-EU AIFs into the EU, the post-Brexit environment would change certain of the NPPR rules to which they are subject.
  3. Restricted UK market access for funds products generally - EU UCITS products and EU AIFMs wishing to market AIF products in the UK could not rely on the existing EU passports and would be subject to the relevant UK NPPR
  4. Restrictions on "Depositary" service providers - UK banks would not, post-Brexit, be eligible to act as depositaries of EU UCITS or EU AIFs.
  5. Recalibration of portfolios - Fund portfolios and segregated mandate portfolios which have limitations based on investment in EU-based issuers may have to be re-calibrated in the event of Brexit. Additional adjustments may have to be made regarding UCITS portfolios as UCITS may only invest in other open-ended funds which are UCITS or equivalent non-UCITS funds and the maximum investment in non-UCITS funds (e.g. UK "UCITS" funds post-Brexit) is 30% of the investing UCITS' assets. 


Dan MorrisseyDan Morrissey

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