It is possible to redomicile existing offshore funds to Ireland. This was provided for by specific amendments to Irish company law passed in 2009 and the subsequent introduction of appropriate procedures by the Irish financial services regulator, the Central Bank of Ireland. Both corporate and non-corporate fund vehicles may be moved to Ireland by means of the streamlined procedure now available and a range of offshore funds have already undertaken this move since it became possible. Some of the primary reasons for contemplating a redomiciliation are:
• Increased distribution opportunities; • Tax efficiency and certainty; • Preference for regulated onshore products; and • Registration as UCITS.
The offshore jurisdictions from which redomiciliations may be effected include:
• Bermuda; • British Virgin Islands; • Cayman Islands; • Guernsey; • Isle of Man; and • Jersey
Mason Hayes & Curran can advise on all aspects of any proposed redomiciliation to Ireland and the continued operation of a fund in Ireland. Members of the Investment Funds team at Mason Hayes & Curran have extensive specific experience of advising in relation to a wide range of offshore funds and this enables them to add value for clients in such transactions. In particular, Mark Browne , partner, previously practiced as an attorney-at-law in the funds practice of a leading firm in the Cayman Islands.
The reference materials below give practical advice on how a fund redomiciliation can be achieved and elaborate on the advantages of undertaking such a move.