Foreign investors can choose to invest their funds in several legal structures. Each fund has different advantages and obligations and it is important to know that certain funds can only be established in specific circumstances.
The Central Bank of Ireland regulates each regulated collective investment scheme (a fund) and the fund can be authorised as either a UCITS or a non-UCITS.
An Undertaking for Collective Investment in Transferable Securities (UCITS) can be formed under different legal forms:
- An open-ended investment company with variable capital
- An open-ended unit trust
- An open-ended common contractual fund.
UCITS will help you provide a means for cross-border distribution of investment schemes available in the European Union.
It is also possible to establish a non-UCITS in Ireland. Ireland has a regime in place to accommodate fund that will not qualify as UCITS funds.
Non-UCITS funds may be established as the following legal forms:
- An investment company with variable capital
- A unit trust
- A common contractual fund
- An investment limited partnership
The non-UCITS funds would be established as follows: the retail investor, the professional investor or the qualifying investor (institutional/high net worth)
Alternatively, investment funds are available for professional investors and were introduced in 2013. These funds are available for professional investors and the retail industry.
Our team will guide foreign investors in establishing the funds available in Ireland. You can decide what structure to establish the fund in Ireland. These funds can be UCITS and AIF and we can help you to establish a specific type of legal structure and advise you accordingly.
We work with the Central Bank to get their approval for your investment fund. Funds in Ireland have certain legal obligations to file with the Revenue and CRO as well. If you need further information on the Irish funds, please contact us.
