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FinTechs belonging to this category offer asset and portfolio management services via an internet platform or software programs and usually manage and dispose of the assets of their customers long or short term according to their specifications without actually holding the property or the possession of those assets. FinTechs, which provide information about and access to overnight or time deposit accounts at national and foreign banks and which execute the transactions to these accounts, also belong to this category. Some FinTechs however only act on request of the customer.
Aside from that some FinTechs offer software or internet solutions enabling users to manage and plan their personal finances on their own by providing graphics, overviews and compilations of their financial data and sometimes indicating financial risks or opportunities, but without actually managing the assets.
Introduction
Attitude of the country towards modern asset and portfolio management services
The Irish market has seen a significant influx of asset management firms setting up a presence in Ireland to ensure continuity of access to the EU.
In general terms, the regulation of investment firms providing investment services and activities (including portfolio management services) in relation to financial instruments is governed by Directive 2014/65/EU (MiFID II) which was transposed into Irish law by the European Union (Markets in Financial Instruments) Regulations 2017 (the Irish MiFID II Regulations). Details in relation to the requirements of the Irish MiFID II Regulations are set out in section c. Financial advisory and broking services including robo advisory and auto-trading below.
In addition to investment terms, fund management companies can also be authorised to provide both collective portfolio management and individual portfolio management services. Fund management companies in Ireland are subject to the UCITS (Undertakings for Collective Investment in Transferable Securities) and or AIFM (Alternative Investment Fund Managers) regimes. As well as being subject to the requirements that derive from Irish and European legislation, UCITS management companies and AIFMs are also subject to various other regulatory requirements based on the nature of their activities and the associated risks.
Legal affairs
Obligations and requirements to provide asset and portfolio management, or ancillary services described above
AIFMs are authorised under the European Union (Alternative Investment Fund Managers Directive) Regulations 2013 (the AIFMD Regulations) which transpose the EU Alternative Investment Fund Managers Directive (AIFMD) into Irish law. UCITS management companies are authorised under the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 (the UCITS Regulations) which transpose the EU UCITS Directive into Irish law.