Post Authorisation Processes for UCITS

Until 15 February 2021: Amendments to UCITS documentation should generally be submitted to [email protected]. Amendments to UCITS documentation previously filed with the Central Bank and not subject to review must be submitted and accompanied with the relevant section(s) of the UCITS application form and appropriate confirmation. These documents should generally be submitted to [email protected] and filed with the Central Bank by 12 noon on the day of noting.

After 15 February 2021 certain processes should be submitted via the Portal. See the Portal website for the list of Request Changes and see below list of processes for more details:

General Prospectus Updates

From 15 February 2021 updates to Prospectus/Supplements for review should be submitted via Portal using one of the below 2 Request Change processes as appropriate:

UCITS/RIAIF: Prospectus/Supplement review - Includes new sub-funds
UCITS/RIAIF: Prospectus/Supplement review - No new sub-funds

New Share Classes

Until 15 February 2021: Where post authorisation updates are made to the prospectus or supplement to provide for the establishment of a new share class only, this application must be accompanied by a completed Section 2.21 of the UCITS Application Form/Retail Investor AIF Application Form, a confirmation from the responsible person that the establishment of the share class(es) accurately reflects the requirements of Section 2.21 of the UCITS Application Form/Retail Investor AIF Application Form and the requirements of any related legislation and Central Bank guidance and a marked-up prospectus or supplement highlighting the changes.

Where it is intended to restrict a share class, this should also be accompanied by a confirmation from the Responsible Person that the proposal to restrict [name(s) of class(es)] to the entities outlined is sufficient to allow that the class(es) provide(s) for public participation.

These documents should be submitted to [email protected] no later than 12 noon on the day prior to noting.

From 15 February 2021: New Share Classes as per above should be submitted via Portal no later than 12pm on the day prior to noting using the “UCITS/Retail AIF: Share Class Update” Request Change.

Depositary Agreements/Trust Deed/Deed of Constitution

Until 15 February 2021:

Where post authorisation updates are made to the Depositary Agreement/Trust Deed/Deed of Constitution, the updated and executed agreement should be submitted in soft copy accompanied by Section 5 / Section 3 / Section 4 (as relevant) of the UCITS Application Form / Retail Investor AIF Application Form (as appropriate), a marked-up document highlighting the changes and the following written confirmation from the depositary:

The amendments to the Depositary Agreement/Trust Deed / Deed of Constitution (delete as appropriate) are in compliance with the European Communities UCITS Regulations 2011, Commission Delegated Regulation (EU) 2016/438, the Central Bank UCITS Regulations 2019 and any relevant Central Bank guidance and, in particular, that the amendments are in compliance with all liability requirements in this regard.

These documents should be submitted to [email protected] no later than 12 noon on the day prior to noting.

From 15 February 2021: Updates to UCITS or RIAIF Depositary Agreements / Trust Deeds / Deeds of Constitution as per above should be submitted via Portal no later than 12pm on the day prior to noting using the “UCITS/Retail AIF: Depositary Agreement / Trust Deed / Deed of Constitution Update” Request Change.

COSP - Change of depositary, fund administrator or management company

Until 15 February 2021

Initial Notification

Where a UCITS proposes to change its depositary, fund administrator or management company it is required to complete the COSP1 form. This form and all supporting documentation should be submitted by email to [email protected] for the Central Bank to review.

Date of Appointment

On the proposed date of appointment of the depositary, fund administrator or management company, the UCITS is required to complete the COSP2 form. This form and all supporting documentation should be submitted to the Central Bank by 12 noon on the date of appointment of the new service provider.

After 15 February 2021:

A UCITS COSP as per above should be submitted via the Portal using the “UCITS/RIAIF COSP” Request Change. The timing requirements, etc. regarding Initial Notification and Date of Appointment remain in place.

Change of Investment Manager/Investment Advisor

Where a UCITS proposes to change or appoint an additional investment manager/investment advisor it must complete this form. This form and all supporting documentation should be submitted on the date of the proposed change.

NOTE: This form should only be submitted where the Investment Manager has been cleared to act for Irish authorised funds by the Central Bank. View more information in relation to the clearance process.

From 15 February 2021 a change or appointment of Investment Manager / Investment Adviser using the above forms should be submitted via Portal using the “UCITS/AIF: Investment Manager/Investment Advisor/Administration Agreements” Request Change

UCITS Mergers

Where a UCITS proposes to merge with another UCITS fund, it must complete the UCITS Merger Application Form. This form and all supporting documentation should be submitted to [email protected].

Revocation of a UCITS

Where a UCITS proposes to revoke its authorisation it must complete one of the following forms depending on its legal status and submit to [email protected] :

Withdrawal of Approval of a UCITS sub-fund

Where a UCITS established as an umbrella proposes to withdraw the approval of one or more sub-funds within the umbrella it is required to complete this form.