ARTICLE
5 February 2019

Some Light Out Of The Brexit Tunnel

MG
Maples Group

Contributor

The Maples Group is a leading service provider offering clients a comprehensive range of legal services on the laws of the British Virgin Islands, the Cayman Islands, Ireland, Jersey and Luxembourg, and is an independent provider of fiduciary, fund services, regulatory and compliance, and entity formation and management services.
ESMA has announced that the EU27 competent authorities have signed a co-operation agreement with the UK's Financial Conduct Authority.
Ireland Finance and Banking

ESMA announced today, 1 February 2019, that the EU27 competent authorities have signed a co-operation agreement with the UK's Financial Conduct Authority ("FCA"). This comes as a significant relief to the asset management industry, as it should avoid a cliff edge scenario if the UK leaves the European Union on 29 March 2019 without a withdrawal agreement and no transitional period ("hard Brexit").

The news of the co-operation agreements being agreed are significant, as under both the UCITS and AIFM directives, such an agreement must exist between EU member states and third-country regulators (which the UK's FCA will become upon a hard Brexit) to enable managers from that third country manage funds in the relevant EU member state.

The co-operation agreements will also ensure continued close co-operation and information sharing between the FCA and EU27 competent authorities.

Whilst an orderly exit in the form of a withdrawal agreement and transition period remains optimal, these co-operation agreements should at least minimise the potential for disruption for the asset management sector.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More