Fionán is a partner in our Financial Services team and is Head of our Investment Funds and Financial Regulation teams. Fionán advises fund promoters on structuring, establishing and listing investment funds in Ireland, including UCITS, RIAIFs and QIAIFs and most recently has advised asset managers on structuring such funds as ICAVs. He also advises fund administrators, custodians, asset managers, AIFMs and other related service providers on the establishment of operations in Ireland and in relation to their ongoing business.
Fionán also advises a wide range of other financial services operations, domestic and international, on their obligations under Irish and EU financial services regulations. These include issues relating to business set-up and licensing process, regulatory capital, interfacing with regulators, anti-money laundering, market abuse, distance selling of financial products, MiFID and all other regulatory aspects of their business.
- Investment Funds
- Financial Regulation
- Advising Comeragh Capital on the establishment of a UCITS ICAV.
- Advising Perfectcard, the first electronic money institution to be licensed in Ireland, on its successful licence application.
- Representing Mitsubishi UFJ in its acquisition of UBS’s fund administration business.
- Advising IRES REIT, Ireland’s third REIT, on all Irish AIFMD aspects of its successful IPO and listing on the Irish Stock Exchange in 2014 and its second round of fundraising in 2015
- Advising on the establishment of the first actively managed China A shares fund, an Irish UCITS, to provide daily liquidity under the RQFII program
- Advising on the establishment of a QIAIF for the acquisition and development of student accommodation for a UK client
- Advising on the establishment of a QIAIF for the acquisition of a portfolio of over 600 residential properties
- Advising Heptagon Capital in respect of its Irish UCITS platform
- Advising Thornburg Investment Management in respect of its Irish UCITS platform
- Advising on the establishment of a QIAIF for a Norwegian client’s acquisition of multiple Irish property assets
- Advising the providers of finance arranged by Merrill Lynch, Pierce, Fenner & Smith Incorporated and J.P. Morgan Securities on Irish investment fund aspects of the $7.3bn offer by Royalty Pharma for Elan Corporation plc
- 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 Central Bank’s administrative sanctions procedure
Chambers Global, 2017
Fionán is ranked in Tier 1 of Investment Fund lawyers in Ireland. Fionán is "very knowledgeable and able to resolve any issues promptly and efficiently. His knowledge of the Irish investment funds and AIFMD is invaluable."
Chambers Global, 2016
"knows the best way to find the right outcome."
Chambers Global, 2015
His industry knowledge allows him to "find solutions that are legally sound and commercially viable."
Legal 500, 2015
Fionán is recommended in the area of ‘Investment Funds’.
Legal 500, 2014
‘very well informed with regards to the funds industry’
Chambers Global, 2014
"extremely knowledgeable," and "really understands the business environment, saves a lot of time and has great relations with the regulators and industry players."
Speaking Engagements & Teaching
- Panellist at a seminar hosted by BNY Mellon entitled “Irish and European Considerations - Real Estate Private Equity and Infrastructure” in New York in March 2017.
- Spoke on “Brexit – Legal Implications in Financial Services” at an In-House Counsel Masterclass Brexit Briefing hosted by Mason Hayes & Curran in Dublin in July 2016.
- Panellist on a session on “Accessing Europe” at the International Bar Association’s 27th Annual Conference on Globalisation of Investment Funds in New York in May 2016.
- Chaired and spoke at a seminar hosted by Mason Hayes & Curran entitled “Cyber Security for the Funds Industry” in January 2016.
- Lecturer for 10 years on "Insider Dealing and Market Manipulation" on the Law Society of Ireland's Finance Law Diploma.
- Panellist on a session addressing “Navigating the Wave of Regulatory Change” at the 3rd Annual UK Symposium hosted by Irish Funds in London in October 2015, addressing issues such as AIFMD, UCITS V, CMU, MiFID II, ELTIFs, ICAV and Fund Governance.
- Chaired a UCITS Update Seminar hosted by Mason Hayes & Curran in November 2015 addressing new Central Bank of Ireland UCITS Regulations and anticipated Level 2 measures on UCITS V to be issued by the European Commission.
- Chaired a Seminar hosted by Mason Hayes & Curran entitled “An AML Fund Inspection: What to Expect and Key Emerging Themes” in July 2015
- Panellist at a seminar on AIFMD hosted by Apex Fund Services and StatPro in November 2013 in Dublin
- Panellist on a session addressing “In Which Direction Should UCITS Go?” at the International Bar Association 24th Annual Conference on the Globalisation of Investment Funds in Boston in June 2013
- Chaired a Seminar hosted by Mason Hayes & Curran on “AIFMD – A View from the City” in May 2013
- Spoke on “The Future of the Fund Industry in Europe” at a Seminar hosted by the Irish Funds Industry Association in Boston in March 2013
- Chaired a Seminar hosted by Mason Hayes & Curran on “Property Funds in Ireland and the UK” in February 2013
- 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
"European Union Securities Legislation", 5th Edition, published by Mason Hayes & Curran, co-author Paul Egan.
"European Union Securities Legislation", 4th Edition, published by Mason Hayes & Curran, co-author Paul Egan.