SPVs in Ireland: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 29: Line 29:
{{quote|“Dealing on own account involves position-taking which includes proprietary trading and positions arising from market-making. It can also include positions arising from client servicing, for example where a firm acts as a systematic internaliser or executes an order by taking a market or ‘unmatched principal’ position on its books.  
{{quote|“Dealing on own account involves position-taking which includes proprietary trading and positions arising from market-making. It can also include positions arising from client servicing, for example where a firm acts as a systematic internaliser or executes an order by taking a market or ‘unmatched principal’ position on its books.  


Dealing on own account may be relevant to firms with a dealing in investments as principal permission in relation to MiFID financial instruments, but only where they trade financial instruments on a regular basis for their own account, as part of their MiFID business. We do not think that this activity is likely to be relevant in cases where a person acquires a long term stake in a company for strategic purposes or for most venture capital or private equity activity. Where a person invests in a venture capital fund with a view to selling its interests in the medium to long term only, in our view he is not dealing on own account for the purposes of MiFID.”}}
Dealing on own account may be relevant to firms with a dealing in investments as principal permission in relation to MiFID financial instruments, but only where they trade financial instruments on a regular basis for their own account, as part of their MiFID business. We do not think that this activity is likely to be relevant in cases where a person acquires a long term stake in a company for strategic purposes or for most venture capital or private equity activity. Where a person invests in a venture capital fund with a view to selling its interests in the medium to long term only, in our view he is not dealing on own account for the purposes of MiFID.”}}</ref>


Indeed, MiFID is meant to ''protect'' people like that, not ''regulate'' them.
Indeed, MiFID is meant to ''protect'' people like that, not ''regulate'' them.
Line 37: Line 37:
*[[Espievie]]
*[[Espievie]]
*[https://en.wikipedia.org/wiki/Irish_Section_110_Special_Purpose_Vehicle_(SPV) Section 110 companies on Wikipedia]
*[https://en.wikipedia.org/wiki/Irish_Section_110_Special_Purpose_Vehicle_(SPV) Section 110 companies on Wikipedia]
{{ref}}