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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… »

Luis Pedro

Rebuilding Swiss investor confidence in hedge funds

Thu, 24/03/2016 - 10:31

Oligo Swiss Fund Services received its license from the Swiss authorities 13 months ago to provide Swiss legal representative services and has already onboarded more than 200 funds registered for distribution to Swiss qualified investors. These include offshore hedge funds, UCITS-compliant hedge funds and private equity funds.  »

Roman Pelka

CISA proves successful within 12 months

Thu, 24/03/2016 - 10:22

It is now one year in to the Swiss Collective Investment Scheme Act (CISA) and overall impressions appear to be that it has been a success. One particular aspect of CISA, namely the requirement for alternative fund managers marketing their funds in Switzerland to "unregulated qualified investors" (eg pension funds, family offices) to appoint a Swiss Fund Representative and Paying Agent, has proven to be no more than a mild shower in a teacup.  »

James Williams

Regulations improve Swiss investor confidence in hedge funds

Thu, 24/03/2016 - 09:25

There was a degree of trepidation among foreign hedge funds when Switzerland formerly introduced a revised version of the Collective Investment Scheme Act (CISA) on 1 March 2015, bringing hedge funds under the watch of FINMA, Switzerland's financial regulator, for the first time.  »

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). »

Regulation

Regulation falling short, say financial services leaders

Thu, 28/01/2016 - 11:18

Senior executives at financial services firms are concerned that regulation in the sector is not promoting stability, according to the 2016 Global Regulatory Outlook published by Duff & Phelps. »

Invest Europe publishes new professional standards handbook

Tue, 24/11/2015 - 09:45

Invest Europe, formerly the European Private Equity and Venture Capital Association, has published its 2015 Professional Standards Handbook, "a comprehensive and up-to-date set of standards and guidelines for the private equity industry". »

AMG Funds and Pantheon deliver private equity fund access for retail investors

AMG Funds and Pantheon deliver private equity fund access for retail investors

Fri, 30/10/2015 - 04:29

AMG Funds and Pantheon, have finalised the 1933 Act registration of the AMG Pantheon Fund making it more widely available to accredited investors seeking access to a diversified, institutional-calibre portfolio of private equity through a single investment.  »

IASB publishes draft guidance to help management apply the concept of materiality

Thu, 29/10/2015 - 04:20

The International Accounting Standards Board (IASB) has published draft guidance to help company management determine whether information is material. The guidance is part of the IASB’s wider initiative to improve disclosures. »

Irish Funds welcomes CBI's new UCITS regulations

Irish Funds welcomes CBI's new UCITS regulations

Wed, 07/10/2015 - 09:45

Irish Funds, the representative body for the cross-border investment funds industry in Ireland, has today welcomed the publication of new Regulations for Undertakings for Collective Investment in Transferable Securities (UCITS) by the Central Bank of Ireland (CBI).
  »

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. »

Andrew Whittaker, Ipes

No obstacles exist to extension of AIFMD passport to Guernsey and Jersey

Thu, 06/08/2015 - 20:47

ESMA’s latest advice concludes that no obstacles exist to extension of AIFMD passport to Guernsey and Jersey, says Andrew Whittaker (pictured), Managing Director, Ipes Guernsey… »

Monique Mel

FCA fines firms and individuals over GBP1bn for market integrity breaches

Wed, 15/07/2015 - 13:58

The FCA fined firms and individuals a total of GBP1.23 billion in 2014 for market integrity related breaches, which included abusive market behaviour such as: manipulation, insider dealing, FX failings and benchmark (i.e. Libor) manipulation.  »

Beat Blattner, Head Representative Services, UBS Global Asset Management.

Regulatory compliance and confidentiality are key considerations when choosing a legal representative

Tue, 10/03/2015 - 17:14

As of 1 March 2015, it has become mandatory for fund managers distributing their products in Switzerland to commission a Swiss legal representative and paying agent. Regulatory compliance is the name of the game when it comes to the service provided by UBS.  »

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.  »

features

Special Reports

Switzerland Hedge Fund Services 2016

Switzerland Hedge Fund Services 2016

Thu, 24/03/2016 - 10:12

AIFMD Fund Services 2016

AIFMD Fund Services 2016

Tue, 08/03/2016 - 13:00

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UBS Global Asset Management
Fri, 06/05/2016 - 14:19
RFA (Richard Fleischman & Associates)
Tue, 05/04/2016 - 14:25
Calastone
Mon, 29/02/2016 - 15:20
training
Wed, 08/06/2016   - London
Mon, 13/06/2016   - London
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