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UK Treasury announcement on continued marketing of Irish funds in UK welcomed

Feb 2, 2024

Advisory
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KEY TAKEAWAYS

  • Following a detailed assessment, European Economic Area ("EEA") states have been deemed to be equivalent under the UK Overseas Fund Regime ("OFR").
  • This decision applies to UCITS domiciled in the EEA (excluding money market funds), providing welcome clarity for fund managers.
  • The OFR, introduced under the Financial Services Act 2021, provides for the permanent offering of non-UK funds to UK retail investors post-Brexit.

On 30 January 2024 the Economic Secretary to HM Treasury issued a statement to MPs on the long-awaited first equivalence assessment under the Overseas Fund Regime ("OFR"). Following a 'detailed assessment', European Economic Area ("EEA") states have been deemed to be equivalent under the OFR. 

The OFR, introduced under the Financial Services Act 2021, provides for the offering of non-UK funds to UK retail investors post-Brexit. This decision applies to UCITS domiciled in the EEA, including European Union member states and provides welcomed clarity for fund managers. 

Funds will not be required to comply with any additional UK requirements as part of the equivalence determination at this time. The statement notes that this decision will be monitored in light of UK and EEA regulatory developments.

Notably the temporary marketing arrangements, which were due to expire at the end of 2025, will be extended until the end of 2026 to enable a smooth transition to the OFR. 

This decision does not cover Money Market Funds due to ongoing regulatory development in this area. The statement also refers to sustainable disclosure requirements, noting that the UK Government will consult on whether to broaden its scope to include funds that are recognised under the OFR.

The FCA consultation on the OFR Framework is due to close 12 February 2024. Walkers will issue an update once the final policy statement and final Handbook rules are published.

Asset Management & Investment FundsIreland

Authors

Damien Barnaville

Damien Barnaville

Partner/Ireland

T/+353 1 863 8529
M/+353 87 970 3726
E/Email Damien Barnaville
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Nicholas Blake-Knox

Nicholas Blake-Knox

Partner/Ireland

T/+353 1 470 6669
M/+353 87 738 2417
E/Email Nicholas Blake-Knox
More articles from this author View profile
Aongus McCarthy

Aongus McCarthy

Partner/Ireland

T/+353 1 470 6624
M/+353 86 136 2936
E/Email Aongus McCarthy
More articles from this author View profile
Joe Mitchell

Joe Mitchell

Senior Associate/Ireland

T/+353 1 470 6649
M/+353 86 605 6591
E/Email Joe Mitchell
More articles from this author View profile

Solution areas

Asset Management & Investment Funds

Key Contacts

Get in touch with our team

Damien Barnaville
Damien Barnaville

Damien Barnaville

Partner

Ireland

T

+353 1 863 8529

M

+353 87 970 3726

E

Email Damien Barnaville
View profile
Nicholas Blake-Knox
Nicholas Blake-Knox

Nicholas Blake-Knox

Partner

Ireland

T

+353 1 470 6669

M

+353 87 738 2417

E

Email Nicholas Blake-Knox
View profile
Aongus McCarthy
Aongus McCarthy

Aongus McCarthy

Partner

Ireland

T

+353 1 470 6624

M

+353 86 136 2936

E

Email Aongus McCarthy
View profile
Joe Mitchell
Joe Mitchell

Joe Mitchell

Senior Associate

Ireland

T

+353 1 470 6649

M

+353 86 605 6591

E

Email Joe Mitchell
View profile

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