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Legal & Regulation

Dr Maria Chetcuti Cauchi, Chetcuti Cauchi Advocates

The NAIF: Europe’s missing piece of the jigsaw

Thu, 22/09/2016 - 16:25

The Maltese Notified Alternative Investment Fund (NAIF) fills a gap in Europe's fund market. According to Dr Stefania Grech, Financial Services Associate, Chetcuti Cauchi Advocates, an unregulated fund was the one product missing in the Maltese Fund Industry. "Now, from a European perspective, there is no discrimination when it comes to the creation of an unregulated vehicle, offshore versus onshore. »

Paul Mifsud, Managing Director at Sparkasse Bank

Malta’s SCC gathers momentum

Thu, 22/09/2016 - 14:56

Malta has been quite innovative in providing certain infrastructure for the securitisation cell company (SCC) and securitisation in general. According to the MFSA, 30 securitisation vehicles have launched so far this year, and Sparkasse Bank Malta, plc. has been a beneficiary of this phenomenon. »

r Jean C Farrugia, senior partner at DF Advocates

Malta ushers in the Notified AIF

Thu, 22/09/2016 - 14:54

On 10 June 2016, Malta burnished its reputation when the Malta Financial Services Authority (MFSA) launched the Notified Alternative Investment Fund (NAIF) regime through the publication of the Investment Services Act (List of Notified AIFs) Regulations in the Malta Government Gazette. »

James Williams, Hedgeweek

Malta’s service provider community sees good times ahead

Thu, 22/09/2016 - 14:48

Whether it’s providing AIFM management company solutions, depositary lite solutions, or simply providing start-up managers with a high-touch level of service, Malta’s service provider community continues to evolve with the times.  »

Dr Louis de Gabriele, head of the Corporate and Finance practice group at Camilleri Preziosi Advocates

Key features of Malta’s new regime

Thu, 22/09/2016 - 14:45

Dr Louis de Gabriele, head of Camilleri Preziosi Advocates’s Corporate and Finance practice group, outlines the benefits of Malta’s Notified AIF (NAIF) regime… »

Paulianne Nwoko, Managing Director of Apex Fund Services (Malta)

Factors that make Malta an ideal fund jurisdiction

Thu, 22/09/2016 - 14:41

Apex Fund Services has been operating in Malta since 2008 and has seen, first hand, how quickly the island has evolved into one of Europe's leading onshore fund jurisdictions.  »

Professor Joseph Bannister, MFSA

Increasing interest in using Malta for securitisation transactions

Thu, 22/09/2016 - 14:36

Professor Joseph Bannister (pictured) of the Malta Financial Services Authority explains how the island is positioning itself as a leading European securitisation market… »

James Williams, Hedgeweek

Malta’s NAIF regime is a regulatory masterstroke

Thu, 22/09/2016 - 14:31

With the recent introduction of the Notified AIF regime, Malta is positioning itself to provide fund promoters with an unregulated fund where speed to market is of the essence.  »

Kenneth Farrugia, Finance Malta

Brexit allows Malta to consolidate UK relationship

Thu, 22/09/2016 - 14:09

The shock Brexit result this June sent ripples across Europe as individual Member States absorbed the news. And whilst some jurisdictions have been quick to seize the initiative on the back of the uncertainty that UK firms face – especially as it relates to passporting for London's much lauded financial services industry – Malta is focusing on maintaining the harmonious relationship it has with the UK. »

Geoff Cook, Jersey Finance

Jersey sees an increase in private placement and consults on enhancing funds regime

Fri, 05/08/2016 - 09:02

The number of Jersey-registered alternative investment fund managers marketing into Europe through national private placement regimes (NPPRs) under the EU Alternative Investment Fund Managers Directive (AIFMD) continued to rise in H1 2016. »

Jersey flag

Guernsey remains on course for third country passport following positive ESMA recommendation

Thu, 21/07/2016 - 12:25

The European Securities and Markets Authority (ESMA) has further recommended Guernsey for a ‘third country’ passport under the Alternative Investment Fund Managers Directive (AIFMD). »

Kavitha Ramachandran

RAIF law is a milestone for AIFMD regime

Tue, 19/07/2016 - 07:12

Kavitha Ramachandran (pictured), Senior Manager, Business Development and Client Management at Maitland, comments on the adoption the RAIF law in Luxembourg… »

Claude Niedner, Arendt & Medernach

Chapter 1: Legal & fund structuring

Thu, 07/07/2016 - 14:39

Over the years, Ireland has built out its financial services industry to become Europe's de facto onshore alternative funds domicile.  »

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.  »

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