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Legal & Regulation

Regulation

Chapter 2: Regulations & compliance

Mon, 16/05/2016 - 12:41

US hedge fund managers face significant regulatory requirements, which this chapter cannot possibly cover in detail. But there are a few key areas of particular import, which shall be summarised below. In addition, this chapter will highlight some of the key considerations for implementing a compliance manual; a must-do task for any ambitious start-up manager who intends to incorporate best practices from the get-go and place themselves in the best possible light with prospective investors. »

Jeffrey Rosenthal

Financial budgeting: One chance to succeed

Mon, 16/05/2016 - 12:37

Planning a hedge fund launch is a serious business. People need to decide whether they are truly ready, both financially and mentally, and be confident in their investment strategy. This may sound trite but all too often start-ups rush to get a hedge fund in place without clearly thinking everything through.  »

Ron Geffner

Structuring a tax-efficient hedge fund

Mon, 16/05/2016 - 12:22

When embarking on any new business, it's important that one not only engages professionals with deep industry knowledge but also commercial knowledge to support the various stages of business growth. For anyone establishing a hedge fund, their needs are going to change as their business evolves from launch to maturity. »

Gavel and scales

Chapter 1: Legal & tax structuring

Mon, 16/05/2016 - 12:17

The two key questions that will drive fund structuring decisions are: Where is the money coming from and what do you want to do with it? »

Geoff Cook, Jersey Finance

Beneficial ownership agreement re-affirms commitment to combatting global financial crime

Tue, 12/04/2016 - 09:49

Geoff Cook (pictured), Jersey Finance CEO, comments on David Cameron’s announcement of an agreement by the Crown Dependencies and Overseas Territories to provide beneficial ownership information to the UK Government… »

AIMA calls from regulatory reforms to support non-bank finance

AIMA calls from regulatory reforms to support non-bank finance

Mon, 01/02/2016 - 16:17

The European Commission must prioritise non-bank finance and deeper capital markets as part of its regulatory review, according to the Alternative Investment Management Association (AIMA). »

IASB invites comments on proposed amendment to IAS 40 and proposed annual improvements

Fri, 20/11/2015 - 10:29

The International Accounting Standards Board (IASB) has published for public comment two Exposure Drafts. The first covers a proposed narrow-scope amendment to the investment property Standard. The second covers proposed amendments to three other International Financial Reporting Standards (IFRS) as part of the IASB’s annual improvements process. »

Malta

Developments and opportunities in Malta

Wed, 16/09/2015 - 10:21

By Dr Michael Xuereb, MFSA – Following several years of fund platform developments, the MFSA has more recently been focusing its efforts on upgrading and enhancing the product structuring framework. »

Joseph M Camilleri, Valletta Fund Services

Fund formation considerations in Malta

Wed, 16/09/2015 - 10:13

When it comes to the formation process, funds in Malta may take different legal forms and with respect to hedge funds, the most popular structure is the SICAV. The formation process is two-fold: »

Jean Farrugia

In profile: the Maltese self‑managed PIF

Wed, 16/09/2015 - 10:03

Malta's PIF regime allows the setting up of three different types of PIFs each based on the profile of the participating investors' taking into consideration their overall wealth and investment experience. The regulations governing each type of fund vary and are lighter in case of PIFs which are intended for promotion to more sophisticated investors.  »

Derek Adler, ifina

The gateway of choice for emerging investment managers

Wed, 16/09/2015 - 09:58

The emergence of complex rules and regulations such as AIFMD and FATCA means that any new manager with visions of running their own hedge fund business must think carefully about the best route to market.  »

Dr Louis de Gabriele

The Recognised Incorporated Cell Company

Wed, 16/09/2015 - 09:54

By Dr Louis de Gabriele (pictured), Camillieri Preziosi Advocates  – In recent years, the Maltese jurisdiction has continued to consolidate its reputation as a fund domicile of choice for fund promoters and managers alike. Having emerged as a cost-effective jurisdiction for funds, Malta boasts a comprehensive yet flexible regulatory framework, together with attractive rates of taxation. The Malta Financial Services Authority ("MFSA") has also played a considerable role in the strengthening of Malta's position as a fund domicile, particularly due to its accessibility, responsiveness, and expediency in the processing of applications.  »

Paul Mifsud

Becoming the EU’s leading securitisation centre

Wed, 16/09/2015 - 09:44

Despite Malta introducing a legal framework for securitisation in 2006, the financial crash meant that it was rarely used until around 2012. But there are signs that securitisation is gaining some momentum locally. This is being helped by a dedicated regulated market for wholesale securities, the European Wholesale Securities Market (`EWSM'); a joint venture between the Irish Stock Exchange and Malta Stock Exchange established in 2012 that allows the listing of wholesale-denominated debt securities to trade on an EU-regulated market.  »

Stefania Grech

Fund structure ecosystem continues to grow

Wed, 16/09/2015 - 09:41

Following Malta's implementation of the Alternative Investment Fund Managers Directive (AIFMD), it is possible to set-up Alternative Investment Funds (AIFs) in Malta in accordance with the AIFMD.  »

James Williams, Hedgeweek

Loan vehicles could become integral part of burgeoning funds industry

Wed, 16/09/2015 - 09:38

Malta's financial services industry has been continuously evolving since it joined the EU in 2004. The island has a buoyant banking and insurance sector, a trust and pensions sector, and along with its funds industry, has been growing in the region of 25 per cent per year, based on the MFSA's latest figures.  »

Kenneth Farrugia, FinanceMalta

Malta keeps all options on the table

Wed, 16/09/2015 - 09:31

FinanceMalta was set up in 2007 to holistically promote the various sectors of Malta's financial industry. FinanceMalta not only focuses on the fund management industry but also covers the insurance sector, trust and foundations sector and wealth management and as Kenneth Farrugia (pictured), Chairman of FinanceMalta confirms: "We are also exploring ways for FinanceMalta to support Islamic Finance and Capital Markets in Malta through various initiatives." »

Arthur J Gallagher enhances IMI Pro

Arthur J Gallagher enhances IMI Pro

Fri, 11/09/2015 - 14:37

Arthur J Gallagher has enhanced its liability and crime insurance solution for investment managers IMI Pro to provide its broadest cover yet. »

Richard Day, ML Capital

Montlake QIAIF Platform provides AIFMD solution

Thu, 19/02/2015 - 18:29

Hedge fund managers have two options when looking to bring a regulated fund product to Europe. The first is to go the UCITS route, the second is to establish an AIF, under the much more recent AIFM Directive, which is a far less trodden path than the UCITS regime.  »

Timothé Fuchs, Fuchs Asset Management

The art of orchestration as a European AIFM

Thu, 19/02/2015 - 18:26

Luxembourg-based Fuchs Asset Management is not your typical AIFM provider. Its heritage is firmly rooted in wealth management. Having now grown into a team exceeding 100 people, it took the decision to diversify its offering and set up an AIFMD-compliant management company, receiving its license from the CSSF last June.  »

Derek Delaney, DMS

Understanding the AIFMD distribution landscape

Thu, 19/02/2015 - 18:23

“I was in Chicago recently. A German pension fund said they had a USD500m allocation in a Chicago-based fund. They wanted to know that they could continue having a relationship with the manager and they said that having the depositary guarantee (under AIFMD) was important to their end investors. They told the manager that they wanted to put their USD500m allocation into an EU-regulated fund.  »

Gerhard Grueter, Lawson Conner

Setting up a hedge fund under AIFMD

Thu, 19/02/2015 - 18:20

The AIFM Directive may not be universally welcome but with greater focus being applied to compliance and operational risk oversight within the fund management industry, it is at least ensuring a new breed of higher quality fund manager; which for investors is good news.  »

Bobby Johal, Cordium

Owning an AIFM without the operational burden

Thu, 19/02/2015 - 18:18

Cordium, one of the industry’s leading regulatory and compliance firms, has devised a new offering for the European market to help managers overcome the marketing challenges of AIFMD.  »

Kavitha Ramachandran , Maitland Luxembourg

Extending AIFM license to PE and real estate funds

Thu, 19/02/2015 - 18:15

Last May, MS Management Services SA, a Luxembourg-based subsidiary of the Maitland group, received authorisation from the CSSF to act as a third-party AIFM to alternative investment funds. At the same time, it established its own umbrella fund platform, MS SICAV SIF, to support managers wishing to fast track the process of launching an AIFMD-compliant fund in Europe.  »

Dan Connell, ConceptOne

ESMA needs to clarify specific Annex IV issues

Thu, 19/02/2015 - 18:11

Ask any AIFM what the key regulatory challenge is under AIFMD and the response is unanimous: Annex IV reporting.  »

Guernsey flag

Managers continue to use Guernsey’s AIFMD private placement regime

Fri, 13/02/2015 - 16:00

As at 31 January 2015, 46 Guernsey Alternative Investment Fund Managers (AIFMs) have used the isand’s National Private Placement (NPP) regime to market Alternative Investment Funds (AIFs) into Europe. »

Gavel

Fund managers could face regulatory sanctions over EMIR

Wed, 11/02/2015 - 13:28

Tim Thornton, Chief Data Officer, Mitsubishi UFJ Fund Services, says fund managers could face regulatory sanctions over EMIR… »

Information sign

FFIs must be FATCA compliant as deadline approaches

Mon, 29/12/2014 - 14:00

Tim Thornton, Chief Data Officer at Mitsubishi UFJ Fund Services, comments on the December 31 FATCA deadline… »

Irish flag

IFIA develops corporate governance code for fund service providers

Wed, 23/07/2014 - 16:34

The Irish Funds Industry Association (IFIA) has introduced a new Corporate Governance Code designed for fund service providers. »

Tax

Alter Domus adopts Thomson Reuters FATCA solution

Wed, 23/07/2014 - 15:03

Alter Domus, a provider of fund administration and fund services, has adopted Thomson Reuters FATCA solution across its services platform to improve client identification and on-boarding. »

Approved stamp

All companies in La Française Group are now authorised AIFMs

Tue, 22/07/2014 - 10:04

La Française Group has obtained AIFM approval for all its management companies. »

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