Our People

• University of Dublin, Trinity College (LLB)
• ACCA (Certified Diploma in Accounting & Finance)

• Law Society of Ireland
• Legal and Regulatory Committee of the Irish Funds Industry Association
• Electronic Money and Payments Association
• Investment Companies and Mutual Funds Committee of the International Bar Associatio

Fionán is a Partner in the Financial Services Department and is Head of Mason Hayes & Curran's Investment Funds and Financial Services Regulation Practices. Fionán advises a wide range of financial services operations, domestic and international, on their obligations under Irish and EU financial services regulations. This includes issues relating to business set-up and licensing process, regulatory capital, interfacing and dealing with regulators, anti-money laundering, market abuse, distance selling of financial products, MiFID and all other regulatory aspects of their business.

In particular, Fionán advises fund promoters on structuring, establishing and listing investment funds in Ireland and in other jurisdictions. He also advises fund administrators, custodians, investment managers and other related service providers on the establishment of operations in Ireland and in relation to their ongoing business.

Areas of Expertise:

• Investment Funds
• Financial Services Regulation

Representative Matters:

• Advising Cheyne Capital on the establishment of its Irish UCITS platform;
• Advising The National Investor, the first Abu Dhabi-based promoter to be approved to establish Irish funds, on its Irish UCITS platform;
• Advising LaCrosse Global Fund Services on its acquisition of Bank of America’s Irish fund administration business;
• Advising Berkshire Partners LLC, Advent International Corporation and Bain Partners LLC on the listing of notes on the Irish GEM market as part of their $1.2 billion acquisition of Skillsoft plc;
• Advising hedge fund administrator, Centaur Fund Services, on the establishment of its business and securing its licence in Ireland;
• Advising on various Madoff–related fund litigations;
• Advising on the recent conversion of Professional Investor and Qualifying Investor Funds to UCITS.
• Advising various clients on regulatory investigations and the Financial Regulator’s administrative sanctions procedure.

Sample Speaking Engagements and Teaching:

• Current lecturer on "Insider Dealing and Market Manipulation" on the Law Society of Ireland's Finance Law Diploma;
• Moderated a panel discussion on the KIID at a Seminar entitled "Anticipating UCITS IV" hosted by the Irish Funds Industry Association in London in February 2011;
• Hosted seminars in Abu Dhabi, Dubai and Bahrain in April 2010 on "Opportunities of UCITS Funds for MENA Managers";
• Spoke on "Distribution of International Investment Funds" at a Seminar hosted by the Irish Funds Industry Association in New York in March 2010;
• Spoke on "Company Investigations-the Financial Regulator" at a Mason Hayes & Curran Masterclass Series for In-House Counsel in October 2009.
• Spoke on "Investment Fund Product Development" at the Irish Funds Industry Association Seminar in London in September 2009;
• Spoke at an IBC UCITS III and IV conference on "Product Development and Opportunities" in September 2009 in Dublin;
• Spoke at an Industry Briefing Seminar hosted by the Irish Funds Industry Association on "Shariah Investment Funds - Global Partnership Opportunities" in March 2009;
• Spoke on "UCITS Mark III" at the Irish Funds Industry Association Seminar in New York and Boston in March 2009.

Recent Publications:

• "European Union Securities Legislation", 4th Edition, published by Mason Hayes & Curran, co-author Paul Egan.

Recommendations:

Chambers Europe - Europe's Leading Business Lawyers, Chambers and Partners, 2011.
Fionán is recommended as a Leader in his Field in the ‘Investment Funds’ category, where he ‘leads the investment funds and financial regulation team, and has had a leading role on all the group’s main recent matters.’ 

Chambers Europe - Europe's Leading Business Lawyers, Chambers and Partners, 2010.
Fionán is recommended as a Leader in his Field in the 'Investment Funds/Financial Services' categories. "He has a great overview of the industry and understands the minutiae of the development of the market" say sources.

Chambers Europe - Europe's Leading Business Lawyers, Chambers and Partners, 2009.
Fionán is recommended as a Leader in his Field in the 'Investment Funds' and 'Financial services' categories. It is noted that "He has worked hard to create a profile for himself in the industry and now he's reaping the benefits".

Legal 500 – Investment Funds, 2011.
Fionán is recommended under the category of ‘Investment Funds’.

Legal 500 - Investment Funds, 2010.
Fionán is recommended by Legal 500 under the heading of 'Investment Funds'. Fionán Breathnach is praised for his 'deep local knowledge' and 'regulatory awareness'. The team is experienced in the establishment of UCITS and QIFs.

Legal 500 - Investment Funds, 2009.
Fionán is recommended by Legal 500 under the heading of 'Investment Funds'.

Which Lawyer? Practical Law Company, 2010.
Fionán is recommended within the 'Investment funds' category

Which Lawyer? Practical Law Company, 2009.
Fionán is recommended within the 'Investment funds' category.