Listings Bulletin 2020

Ireland offers a sophisticated regulatory framework for Alternative Investment Funds, with structures ranging from ICAVs and Investment Limited Partnerships to Unit Trusts and Common Contractual Funds. The jurisdiction provides flexible options for both retail and institutional investors, with distinct regulatory pathways for RIAIFs, QIAIFs, and ELTIFs, each designed to accommodate different investment strategies and liquidity profiles while maintaining robust investor protections.

European securities regulators are launching a comprehensive assessment of crypto-asset service providers' digital operational resilience, with a particular focus on custody activities and distributed ledger technology risks. The exercise will examine how firms manage critical areas including key storage, transaction controls, incident response, and third-party dependencies under the newly enforceable Digital Operational Resilience Act.

The EU Retail Investment Strategy is a legislative package which introduces significant changes to the UCITS Directive and AIFMD, as well as MiFID II, the Insurance Distribution Directive and the Solvency II Directive via an omnibus directive (Omnibus Directive).

The Central Bank of Ireland's thematic assessment of the Fitness and Probity regime within the MiFID investment firm sector reveals critical gaps in governance documentation and evidence. Firms are struggling to demonstrate adequate due diligence processes, policy implementation, and Management Responsibility Map compliance. Can your organization withstand regulatory scrutiny of its F&P framework?

Dechert's submission to Ireland's Department of Enterprise, Tourism and Employment advocates for comprehensive reform of the Limited Partnerships Act 1907, proposing removal of the 20-partner limit, introduction of a statutory whitelist of permitted activities, and full recognition of the commitment and drawdown capital model to modernize Ireland's private fund structures and enhance competitiveness with global jurisdictions.

Commission Delegated Regulation (EU) 2026/825 introduces sweeping changes to MiFID order execution requirements, shifting from public disclosure to robust internal governance. Investment firms face enhanced obligations around execution venue selection, continuous quality monitoring using objective market data, and comprehensive documentation of routing decisions. How will firms adapt their execution frameworks to meet these data-driven standards by the February 2028 deadline?

Ireland's Department of Finance unveils its Vision 2030 strategy to strengthen the country's position as a leading international financial services hub through 31 targeted actions addressing legislation, regulation, digital transformation, and talent development.

The Central Bank of Ireland (the “Central Bank”) has published a thematic assessment report (the “Report”) following a review of the implementation of key aspects of the Fitness and Probity regime (the “F&P Regime”) in the MiFID investment firm sector.

The Central Bank of Ireland has published its assessment of how MiFID investment firms implement the Fitness and Probity regime, revealing significant gaps in due diligence processes and documentation practices. While many firms demonstrated strong policies, a notable cohort failed to effectively apply requirements in practice, particularly around onboarding and annual certification. The assessment provides clear expectations for firms to strengthen their governance frameworks and embed the Individual Accou

The Central Bank of Ireland has issued comprehensive guidance on prohibition notices under its fitness and probity regime, while simultaneously releasing its second payment and e-money newsletter addressing critical compliance matters. These publications coincide with the second edition of the Financial Crime Bulletin, which emphasizes escalating fraud risks and the evolving AML/CFT supervisory framework across Ireland's financial services sector.

The Abu Dhabi Global Market has eliminated its nexus requirement for Special Purpose Vehicles, fundamentally transforming access to one of the region's most established structuring regimes. This regulatory shift moves away from geographic eligibility tests toward a governance-focused framework emphasizing transparency, compliance, and the legitimate purpose of holding structures.

The UK Supreme Court's decision in Saxon Woods v Costa establishes that directors cannot justify covert, disloyal conduct by claiming they sincerely believed they were acting in the company's best interests. This analysis examines how the ruling clarifies section 172 of the Companies Act 2006 and explores its implications for directors of Jersey companies, where article 74(1)(a) of the Companies (Jersey) Law 1991 takes a different structural approach to the same fundamental duty.

The UK's proposed AIFM reforms aim to create a more proportionate framework for emerging alternative investment fund managers. As these businesses evolve from proof-of-concept to institutional scale, they face increasingly complex questions around fund structuring, investor access, and long-term platform development that require sophisticated jurisdictional solutions.

Collateralised fund obligations (CFOs) are emerging as a critical financing mechanism for private fund sponsors seeking to access institutional capital markets. This analysis examines why the Channel Islands—specifically Guernsey and Jersey—have become preferred jurisdictions for structuring CFO vehicles targeting UK and European assets, combining regulatory credibility with tax efficiency and structural flexibility.

Bermuda's Digital Asset Business Act framework offers DeFi platforms and DAOs a structured regulatory pathway that bridges decentralised governance with institutional-grade compliance. Through tiered licensing and foundation company structures, projects can evolve from testing to full authorisation while maintaining token-holder governance and meeting institutional investor requirements.

Interim freezing injunctions serve as a critical mechanism in Guernsey for preventing respondents from dissipating or transferring assets during legal proceedings. The Royal Court's flexible approach to granting these orders, whether in support of domestic or international proceedings, demonstrates Guernsey's commitment to maintaining its reputation as a reputable international financial centre while balancing the rights of both applicants and respondents.

As the UAE strengthens its position as a leading international financial hub, boards of DIFC and ADGM entities face mounting pressure to demonstrate sound decision-making and robust governance. Regulators increasingly expect clear evidence that governance arrangements work effectively in practice, not just on paper. With enhanced scrutiny on oversight, compliance, and risk management, boards must show how decisions are reached, risks are assessed, and actions are followed through.

When a settlor-beneficiary requests the sale of real estate held through a trust-owned company, can the trustee simply inform the directors and step back? This article examines the trustee's active supervision obligations under the Bartlett duty, explores how anti-Bartlett clauses operate in practice, and reveals why professional trustees cannot shelter behind the corporate veil when conflicts of interest arise within the same corporate group.

Private credit activity in the Middle East is expanding rapidly, with sponsors and investors deploying capital through increasingly sophisticated lending and structured financing arrangements. The Cayman Islands exempted company offers a flexible corporate framework that can perform multiple functions within a single transaction, from investor aggregation to direct lending, while accommodating complex economic rights and governance structures.

China has introduced a comprehensive Individual Income Tax regime for offshore trusts, imposing a 20% flat tax on settlors and beneficiaries with Chinese connections. With a 90-day transition window now in effect, affected individuals must urgently assess their disclosure obligations and consider whether existing trust structures remain viable under the new rules.