Peter Stapleton 

NAME:  Peter Stapleton 

TITLE:  Partner 

PRACTICE AREAS:  Financial Services Asset Management and Investment Funds, Derivatives, Investment Services

EDUCATION:  University College Dublin, Université de Nancy and the Law Society of Ireland

EMAIL:  peter.stapleton@dilloneustace.ie

PROFILE:  Peter is a partner in the Financial Services Department of Dillon Eustace. Peter has particular expertise in the establishment, structuring, financing, public and private distribution and ongoing operation of traditional and alternative investment funds, including UCITS, hedge funds and private equity. Peter also advises in the areas of derivatives, investment services and securities law. His clients include a wide range of financial institutions carrying out business in Ireland or transacting with Irish domiciled counterparties from other jurisdictions. During his time at Dillon Eustace, Peter has worked on secondment for a global investment bank and a leading law firm in Luxembourg. In 2005 and 2006 he managed Dillon Eustace’s Boston office. Peter has written several articles for leading industry journals and spoken at international events. He has also lectured on Financial Services Law in the Law Society of Ireland and works with the Commercial Law Centre of University College Dublin.

REPRESENTATIVE ACTIONS:

• Advises on the establishment of traditional and alternative investment funds, including UCITS, Retail, PIFs and QIFs, for promoters with a wide range of strategies. Structuring these funds as corporates, unit trusts, common contractual vehicles or partnerships and advising on the use master-feeders, tax efficient subsidiaries and SPVs to enhance fund strategies, performance or distribution capabilities.
• Advises managers on regulatory reform including UCITS IV, UCITS Alternative Funds, Depositary/Trustee Liability, AIFMD (EU Hedge Fund & Private Equity Reform), Irish Fund Redomiciliation laws, EU OTC Derivative reform, Hybrid Alternative Funds, Prime Brokerage reform and related areas.
• Advises on the restructuring of onshore and offshore alternative investment structures as UCITS funds, introducing hybrid private equity features and meeting other investor demands.
• Advises fund managers and promoters on credit crisis and liquidity management issues, including the restructuring of fund of funds, multi-manager and managed account platforms.
• Advises funds and global investment banks on cross-border collateral, netting and insolvency issues connected to derivatives transactions, prime brokerage, capital adequacy regulatory requirements and close-out on default of counterparties.
• Advises hedge funds, investment banks and insurance companies on all manner of exchange traded and OTC derivatives transactions pursuant to standardized market documentation (ISDA) or bespoke agreements covering currency, credit, equity, debt instrument and commodity derivatives, structured derivative products and synthetic products.
• Advises entities on public and private distribution requirements, EU Prospectus Directive requirements, Irish securities laws issues, reporting thresholds and marketing to EU, US (taxable and tax-exempt), Asian and Middle-East investors. Advises on MiFID and investment services regulation including offer of regulated financial instruments, cross-border passporting and permitted exemptions.
• Advises life assurance and reinsurance entities on compliance with Irish and EU requirements and the continuing operation of their businesses.