Brian specialises in Asset Management & Investment Funds, MiFID / IIA Investment Services and Regulatory & Compliance. In relation to investment funds, he advises on product design, authorisation, contract negotiation, marketing, migration and all applicable regulatory and compliance matters relating to all fund product types from traditional UCITS, ETFs, money market funds and alternative UCITS to the full spectrum of Alternative Investment Funds (AIFs).
Recent projects of note include:-
- Lead advisor to a UCITS management company in its application to the Central Bank for authorisation as an AIFM including inter alia drafting the applicable programme of activity and policies and procedures vis-a via AIFMD requirements;
- Lead Advisor to a number of Irish and non-Irish alternative investment funds with designated Irish and non-Irish EU AIFMs on the required legal restructuring in order to address AIFMD requirements, including inter alia drafting and reviewing applicable fund documentation;
- Lead Adviser to an asset manager re-domiciling to Ireland a fixed income corporate fund domiciled in Cayman and establishing and obtaining authorisation of the re-domiciled fund as a UCITS;
- Established a number of UCITS funds including inter alia a RQFII China A fund, Shariah fund, Indian equity fund, mortgage backed securities total return fund, an absolute return currency fund aiming to take advantage of mis-pricing in the currency markets and a number of multi asset funds similarly aiming to exploit mis-pricing opportunities.
- Advised asset manager and fund clients in relation to the EMIR Regulation and what steps need to be taken to ensure compliance with the risk mitigation provisions and reporting requirements set out therein and in the applicable Commission Delegated Regulations;
- Advised UCITS clients in relation to ensuring compliance with the ESMA Guidelines on ETFs and Other UCITS Issues including inter alia updating fund documentation; and
- Advised a management company on the implications for the operation of its collection accounts as a result of proposed client money rules to be introduced by the Central Bank.
Brian joined Dillon Eustace in 1994 and has been a partner in Dillon Eustace since 2000.
Brian has written several fund articles for leading industry journals, the most recent relating to the ICAV and spoken at international fund events, the most recent being an Active ETF Conference in November 2014 hosted at the London Stock Exchange.
University College Cork, BCL.
Qualified as a Solicitor to practice in Ireland, England and Wales.
Member of the Incorporated Law Society of Ireland
Member of the Company Law Review Group
Member of the IFIA UK Distribution Working Group