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ARTICLE · 15 DECEMBER 2016

Update On Changes To Loan Originating Qualifying Investor AIF Regime

The Central Bank has announced that it intends to amend its requirements for loan originating qualifying investor AIFs (L-QIAIFs).

IrelandFinance and Banking

The Central Bank has announced that it intends to amend its requirements for loan originating qualifying investor AIFs (L-QIAIFs).

The Central Bank intends that the relevant section of its AIF Rulebook will be amended to allow L-QIAIFs to invest in "debt and equity securities of entities or groups to which the loan originating QIAIF lends or which are held for treasury, cash management or hedging purposes". The Central Bank believes that this rule change is consistent with European regulation, particularly the ELTIF Regulation, as it allows an L-QIAIF to make other investments "linked to the loan origination strategy".

The ability to invest in debt and equity securities is a welcome relaxation of the existing rules which prohibit an L-QIAIF from investing in non-loan assets. This should be useful in a typical lending arrangement in which the lender grants a loan to the borrower but is also issued with warrants in such a borrower. However, the proposed wording does

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