NAME: Brian Kelliher
PRACTICE AREA: Financial Services, Asset Management and Investment Funds, Investment Services
EDUCATION: University College Cork and the Law Society of Ireland
PROFILE: Brian joined Dillon Eustace in 1994 and has been a partner in Dillon Eustace since 2000. He specialises in Asset Management & Investment Funds, MiFID / IIA Investment Services and Regulatory & Compliance. In relation to investment funds, he advises on product design, authorisation, contract negotiation, marketing, migration and all applicable regulatory and compliance matters relating to all fund product types from traditional UCITS, ETFs, money market funds and alternative UCITS to the full spectrum of Alternative Investment Funds (AIFs). Brian is a former chairman of the Legal and Regulatory Committee of the Irish Funds Industry Association and is currently a member of the Company Law Review Group. Brian has written several fund articles for leading industry journals and spoken at international fund events.
- Lead Advisor to a number of Irish and non-Irish alternative investment funds with designated Irish AIFMs, non-Irish EU AIFMs and non-EU AIFMs on the required legal restructuring in order to address AIFMD requirements, including inter alia drafting and reviewing applicable fund documentation;
- Lead advisor to a UCITS management company in its application to the Central Bank for authorisation as an AIFM including inter alia drafting the applicable programme of activity and reviewing and amending required policies and procedures vis-à-vis AIFMD requirements;
- Lead Adviser to an asset manager re-domiciling to Ireland a fixed income corporate fund domiciled in Cayman and establishing and obtaining authorisation of the re-domiciled fund as a UCITS;
- Lead advisor to a number of asset managers in relation to the establishment of a number of UCITS funds including inter alia a RQFII China A fund, Shariah fund, Indian equity fund, mortgage backed securities total return fund, an absolute return currency fund aiming to take advantage of mis-pricing in the currency markets and a number of multi asset funds similarly aiming to exploit mis-pricing opportunities;
- Lead advisor to a number of asset managers in relation to the establishment of Qualifying Investor Alternative Investment Funds;
- Advising asset manager and fund clients in relation to the EMIR Regulation and what steps are required to ensure compliance with the EMIR Regulation and the applicable Commission Delegated Regulations;
- Advising UCITS clients in relation to ensuring compliance with the ESMA Guidelines on ETFs and Other UCITS Issues including inter alia updating fund documentation; and
- Advising a management company on the implications for the operation of its collection accounts as a result of proposed client money rules to be introduced by the Central Bank.