Once the United Kingdom has left the European Union, the EU rules relating to the field of asset management, most notably the Undertakings for Collective Investment in Transferable Securities (UCITS) Directive and the Alternative Investment Fund Managers (AIFM) Directive, will no longer apply to UK firms. The European Commission has issued a notice to stakeholders in the asset management industry on some of the key legal and regulatory repercussions arising from the UK becoming a “third country” following Brexit. While the notice acknowledges that there are currently “considerable uncertainties”, particularly in relation to a finalized withdrawal agreement and any transitional arrangements that may be contained therein, the notice is clear that the potential impact of Brexit on asset managers’ businesses is seismic. Now is the time to start preparing for it. UK UCITS management companies and UK AIFM will no longer benefit from the “EU passport” and will in each case be treated as third-country AIF managers. Consequently, those UK entities will no longer be able to manage funds and market funds in the EU on a cross-border basis using their current passport. It also means that, in the absence of some other arrangements, UK managers and funds may be treated like US or offshore managers in Europe. With the EU passport denied to them, UK businesses will be subject to the vagaries of the NPPR (private placement) regime in each EU country; a less than reliable and sustainable EU distribution strategy.
How Kroll can help
Our multi-jurisdictional teams will work with your firm to provide scenarios, solutions and actions points to deal with Brexit; providing assurance to your business and your investors.
Our services and expertise include:
- Advice on tax and structuring your business post-Brexit;
- Valuation services and advice related to local and EU tax implications of restructuring your business, management agreements and employees post-Brexit;
- Acting as Global Distributor for your fund products in Europe
- Third-party UCITS and AIFM management company and substance solutions in Ireland and Luxembourg
- Consulting and compliance advice around regulatory authorizations and registrations in Europe, including cross-border product maintenance
Kroll’s global team of experts operate seamlessly across borders to provide our clients with cross-jurisdictional advice and integrated expertise. Our unique focus on financial services, industry recognized professionals and "one-team" approach allows us to deliver seamless service, relevant guidance and extensive insight to help our clients overcome the challenges they face.
