ARTICLE
3 December 2012

Key Regulatory Deadlines

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Maples Group

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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.
As the year end is approaching, we would like to take this opportunity to remind you of some key Irish regulatory deadlines on the horizon.
Ireland Corporate/Commercial Law
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As the year end is approaching, we would like to take this opportunity to remind you of some key Irish regulatory deadlines on the horizon:

Item

Timeline

Short Selling Regulations - notification and disclosure of certain net positions 1

1 November 2012 (onwards)

Fitness and Probity Standards – due diligence of controlled functions completed (i.e. MLRO, company secretary)

1 December 2012

Corporate Governance Code – adherence 

31 December 2012

Any agreements with Directors must be amended in order to remove any intermediaries

31 December 2012

Retail Distribution Review (UK)

31 December 2012

KIID annual update to be filed with the Central Bank of Ireland 2

No later than 19 February 2013

EMIR 3

Q1 2013

Footnotes

1 The jurisdiction of the filing requirement is dependent on where the security/debt instrument is primarily listed.

2 The Central Bank of Ireland has confirmed that it does not require an updated KIID where the UCITS does not yet have past performance data for one complete calendar year.   However the content of the remaining sections is also subject to review at least annually and must equally be kept up to date (in particular, emphasis should be placed on any changes to the SRRI and Ongoing Charges sections).

Notwithstanding that a UCITS, or a particular share class thereof, is no longer marketed to the public, an up-to-date version of the KIID should be filed with the Central Bank of Ireland and made available to the existing investors.  No such requirement applies for UCITS that are in liquidation or where the approval of a particular sub-fund is being withdrawn.

Any update to the KIID filed with the Central Bank of Ireland will equally have to be translated (as necessary) and filed in any other host jurisdictions where the UCITS is registered to market its shares and uploaded on the UCITS' website.

3 European Markets Infrastructure Regulation – phased introduction.

Originally published 22 November 2012

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.

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