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At Trinity we are easily contactable and highly automated. This enables us to serve our clients with efficiency and professionalism whilst managing a personal touch. As a result of our undivided attention, combined with expert standards of duty and care, our clients can look forward with confidence to working with our efficient, effective and reliable company to create and manage funds and other investment vehicles.
Incorporation of Irish Investment Vehicles
Ireland has become a very attractive location for the domiciling of collective investment vehicles for a variety of reasons, including its economic and political stability; the well-established technological infrastructure; the availability of highly trained employees, and the sound legal environment that accommodates the ever-changing needs of financial institutions.
Irish incorporated funds and investment vehicles are fully regulated, and can be classified as Undertakings for Collective Investment in Transferable Securities (“UCITS”), which can be established as Investment Companies or Unit Trusts; and Non-UCITS, which can be established as Investment Companies, Unit Trusts, or Investment Limited Partnerships.
The schemes can be structured as Umbrella structures; Multi-class structures; Fund of funds; Feeder funds; Master feeder funds; Investment limited partnerships; Professional investor funds or Qualifying investor funds ("Super Professional").
An Irish incorporated fund must have a local custodian and a local fund administrator. It may also have a local manager. This is not required in every case where the fund is structured as an investment company, but is required in every case where the fund is structured as a unit trust.
There is minimal fund legislation in force in Ireland for the supervision of Non-Irish incorporated funds and the main requirements are as follows:-
- Health warning and disclosure that the fund is not regulated by the Irish Financial Service Regulatory Authority.
- Submission of the administration agreement and other documents issued by the fund containing a reference to the administration company.
- Monthly returns by the fund reporting the Net Asset Value. (This is an aggregate figure for the Administration Company. No detail is provided for the respective fund.)
The Irish Authorities position is basically one of a tax issue and not a regulatory issue. Therefore, in order to prevent the Non-Irish incorporated fund becoming liable to Irish Taxation it is essential that "Mind and Management" of the fund is undertaken outside of Ireland.
As a result, IFSRA will only allow certain activities to be performed in relation to Non Irish incorporated funds. Permitted activities are administration, shareholder, accounting and custody services, and non-permitted activities are management functions and board meetings.
Incorporation of Non-Irish Investment Vehicles and Management Companies
At Trinity, we will advise on selection of jurisdiction/domicile of an investment vehicle, and can then arrange for introduction where appropriate, to Trading Managers, Bankers, Brokers, Local Company agents, Custodians, Auditors, Legal Counsel and where a listing on the Irish Stock Exchange is required, to duly approved Sponsoring Brokers. We have many longstanding relationships with reputable and reliable service providers world-wide, and our independence allows us to introduce promoters to the service providers best suited to their strategy and structure.
In order to free up the promoter, we act as the central point of contact for the creation of a vehicle, thereby project-managing the entire process of incorporation and launch. Furthermore, we will coordinate the preparation of Offering Documents, Memoranda and Articles of Association and material agreements and any other documents as may be necessary to facilitate the launch of an investment vehicle or management company.
We will also liaise as necessary with all parties involved at the outset with the fund's activities as mentioned above, including local government and regulatory authorities, and we can instruct and brief the local company agent and arrange for the provision of directors and or a corporate secretary, where so required. Furthermore, we will also assist in the establishment of bank accounts, brokerage accounts and custody accounts as required.
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