Pre-submission process for AIFs

The Central Bank requires a pre-submission to be made in respect of certain Qualifying Investor AIFs and in respect of open-ended Qualifying Investor ELTIFs and open-ended Professional Investor ELTIFs.The pre-submission must be cleared by the Central Bank before an application for authorisation of the Qualifying Investor AIFs, open-ended Qualifying Investor ELTIFs and open-ended Professional Investor ELTIFs may be filed. Pre-submissions are required in respect of the following:

  1. Qualifying Investor AIFs proposing to invest in Irish property assets;
  2. Qualifying Investor AIFs proposing to invest indirectly in digital assets in excess of what is outlined in the Central Bank’s AIFMD Q&A ID1145 or any direct investment in digital assets; and
  3. Open-ended with limited liquidity Qualifying Investor ELTIFs or Open-ended with limited liquidity Professional Investor ELTIFs which propose to provide for the possibility of redemptions during the life of the ELTIF 

In the case of (1) above, a pre-submission should take account of the Central Bank’s macroprudential policy framework for Irish property funds and must contain the following information (non-exhaustive list):

  1. Copies of the prospectus/supplement(s), as relevant;
  2. A completed model portfolio template. The information provided should include a line by line breakdown of the properties and related securities/instruments that the Qualifying Investor AIF intends to utilise (an aggregate percentage per asset class is not acceptable). Note: Where available, details of the specific properties that will be invested in by the Qualifying Investor AIF should be included;
  3. An indication of the expected target market of the Qualifying Investor AIF;
  4. Details of the maximum LTV/leverage limits that will apply including any debt at SPV/intermediate investment vehicle level. This level should be in line with the leverage limits outlined in Section 4.3 of the Central Bank’s macroprudential policy framework for Irish property funds. Rationale for such limits should also be provided;
  5. Details of the liquidity status of the Qualifying Investor AIF. The Central Bank will not authorise property funds if they are not structured as (i) closed-ended or (ii) open-ended with limited liquidity as per the Central Bank’s AIF Rulebook; and
  6. Details of the redemption provisions that will apply.  Generally, property funds should provide for a liquidity timeframe (the time between the dealing deadline and payment of redemption proceeds) of at least 12 months, taking into account the nature of the assets held.
  7. Confirmation that there will not be loans by shareholders to the Qualifying Investor AIF.

In the case of (2) above, a pre-submission is only required in the following instances and must contain the information detailed below (non-exhaustive list):

  1. In the case of a QIAIF seeking to gain indirect exposure to digital assets in excess of what is outlined in A (e) (i) and (ii) in the AIFMD Q&A ID1145, information in relation to how the digital assets are capable of being appropriately risk managed, including liquidity risk; credit risk; market risk; operational risk (including fraud and cyber risks); money laundering / terrorist financing risk; and legal and reputation risks; or
  2. In the case of direct investment in digital assets, the pre-submission should include details from the proposed depositary demonstrating how it is satisfied that it can provide for the safe-keeping of the assets of the Qualifying Investor AIF in accordance with the conditions set down in the European Union (Alternative Investment Fund Managers) Regulations 2013 (the “AIFM Regulations”).

In the case of (3) above, the detail of what is required is set out in the Authorisation Process for AIFs.  

The Central Bank may request other information it deems necessary in the course of assessing a pre-submission, including certain confirmations from the management company (where one has been designated to act in respect of a particular fund) and in the absence of any such designation, the board of the Qualifying Investor AIF if required.  The Central Bank may also amend the list of Qualifying Investor AIFs which are subject to a pre-submission by update to this webpage.

Pre-submissions should be sent to [email protected] and clearly marked as a “Pre-submission for a Qualifying Investor AIF – [property fund] [digital assets]” (delete as appropriate).   Pre-submissions must be made in good time to allow these to be considered by the Central Bank in advance of for the desired authorisation date. The Central Bank will endeavour to assess all pre-submissions and/or respond to queries in relation to pre-submissions in a timely manner.