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Analysis & Insights
Some Light out of the Brexit Tunnel
01 Feb 2019
ESMA announced today, 1 February 2019, that the EU27 competent authorities have signed a co-operation agreement with the UK’s Financial Conduct Authority ("FCA"). This comes as a significant relief to the asset management industry, as it should avoid a cliff edge scenario if the UK leaves the European Union on 29 March 2019 without a withdrawal agreement and no transitional period ("hard Brexit").
The news of the co-operation agreements being agreed are significant, as under both the UCITS and AIFM directives, such an agreement must exist between EU member states and third-country regulators (which the UK's FCA will become upon a hard Brexit) to enable managers from that third country manage funds in the relevant EU member state.
The co-operation agreements will also ensure continued close co-operation and information sharing between the FCA and EU27 competent authorities.
Whilst an orderly exit in the form of a withdrawal agreement and transition period remains optimal, these co-operation agreements should at least minimise the potential for disruption for the asset management sector.
The news of the co-operation agreements being agreed are significant, as under both the UCITS and AIFM directives, such an agreement must exist between EU member states and third-country regulators (which the UK's FCA will become upon a hard Brexit) to enable managers from that third country manage funds in the relevant EU member state.
The co-operation agreements will also ensure continued close co-operation and information sharing between the FCA and EU27 competent authorities.
Whilst an orderly exit in the form of a withdrawal agreement and transition period remains optimal, these co-operation agreements should at least minimise the potential for disruption for the asset management sector.
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Funds & Investment Management
Advising on the laws of the BVI, the Cayman Islands, Ireland, Jersey and Luxembourg, our global Funds & Investment Management team provides expert legal advice on every aspect of the life cycle of an investment fund including set up, management and investment across a broad range of fund structures and management entities.
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