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Legal Headwinds: Asia - Quarterly Report - Q3 2019

Newsletter

Submitted: 30 July 2019

The Q3 2019 edition of Legal Headwinds focuses on key legal and regulatory developments relevant to financial institutions and asset managers operating in China, Hong Kong and Singapore.
New EU cross-border fund distribution rules published in Official Journal to take effect in August 2021

Article

Submitted: 22 July 2019

The texts of the EU’s new Directive and Regulation on the cross border distribution of investment funds have now been formally published and their key provisions will take effect from 02 August 2021.
ESMA updates its AIFMD Q&As on delegation and supervision of depositary functions

Article

Submitted: 25 June 2019

On 04 June 2019, the European Securities and Markets Authority (ESMA) published a further update to its Q&As, Application of the AIFMD covering a series of questions relating to the delegation and supervision of depositary functions under the Alternative Investment Fund Managers Directive (AIFMD).
All change - the review of Irish limited partnership law in 2019 should be good news for private fund managers

Article

Submitted: 21 June 2019

The private funds industry in Ireland is likely to see new opportunities as a result of potentially significant changes to Irish limited partnership law in 2019, offering enhanced flexibility both for AIFs established as regulated investment limited partnerships and those structured as unregulated 1907 limited partnerships.
Irish Central Bank’s “Dear CEO” letter on firms’ Fitness and Probity obligations

Article

Submitted: 21 June 2019

This article looks at the messages Irish Regulated Financial Service Providers should take from the Central Bank of Ireland’s recent Dear CEO letter, which underlines the obligations imposed on firms under the Fitness and Probity Regime introduced by the Central Bank Reform Act 2010.
Updated Irish limited partnership law approved by Irish Government

Article

Submitted: 14 June 2019

On 11 June 2019, the Irish Government approved the publication of the Investment Limited Partnership (Amendment) Bill 2019 (the Bill).
SRD2 - are you ready?

Article

Submitted: 05 June 2019

The EU’s revised Shareholder Rights Directive (SRD2) comes into effect from 10 June 2019 and imposes new obligations on, among others, MiFID firms, AIFMs, UCITS ManCos and self-managed UCITS. This note looks at the key issues of SRD2, including its scope, requirements and implementation.
UK TPR - FCA further extends the period to make notifications to 30 October

Article

Last Reviewed: 28 May 2019 / Submitted: 15 April 2019

The FCA is extending to 30 October 2019 the deadline for inbound passporting EEA firms and funds to notify it of a wish to enter the UK’s Temporary Permissions Regime - updates to already made notifications can be made no later than 16 October 2019.
New EU cross border marketing rules to have limited impact for non-EU AIFMs

Article

Submitted: 09 May 2019

This note examines the (limited) impact that the new EU rules on cross border marketing of alternative investment funds (AIFs) will have for non-EU alternative investment fund managers (AIFMs).
Should PE Fund managers get a Type 9 (Asset Management) licence in Hong Kong?

Article

Submitted: 09 May 2019

This article discusses the latest guidance in the SFC's Licensing Handbook and its impact on licensing for private equity fund managers.