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Funds law incorporates elements of corporate law, contract law and EU law. It is a very dynamic area of legal study, as legislation and regulation is constantly evolving in order to respond to a rapidly developing area of financial services. Speed of legislative and regulatory action is needed so that the European single market for investment funds can continue to be strengthened, while balancing investor protection concerns and potential financial stability risks. The module addresses the European regulatory frameworks under the UCITS Directive and the Alternative Investment Fund Managers Directive (“AIFMD”), the various legal vehicles used to establish investment funds in Ireland and the structuring of investment funds. European investment fund regulation and supervision and the role of the European Securities and Markets Authority (“ESMA”) is examined. The legislative initiatives impacting investment funds under the European Commission’s Sustainable Finance Action Plan are examined and discussed. These initiatives are aimed at directing capital towards sustainable investments in order to fulfil the objectives of the European Green Deal, recognising the role of capital markets in reaching the EU’s 2050 climate neutral target.
This course will be taught only if a sufficient number of students enrol. Any aspect of this module may be changed in any given academic year, subject to the discretion of the module coordinator.
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FUNDS LAW
Semester 1
