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Establishment of the offshore Cayman Islands fund

LEGAL ADVANTAGE OF CAYMAN ISLANDS
Known for the flexibility inherent in its legal structure, the Cayman Islands is a jurisdiction of choice for the establishment of hedge and other investment funds. This unrestrictive framework is well-suited for sophisticated high net worth investors or fund managers due to the limited regulation on investment objectives, risks and other commercial matters. IPD through its lawyer will be able to create a fund establishment based on the following main fund structures:

  1. Exempted Companies - Most corporate investment funds are set-up as open-ended investment companies.  Investors would have the right to redeem their interest in the investment fund or subscribe for more shares periodically, both usually based on the prevailing net asset value per share of the particular class of shares of the investment fund.
  2. Exempted Limited Partnerships - An exempted limited partnership is a type of partnership arrangement widely used for investment funds and must have at least one general partner and one limited partner.
  3. Exempted Unit Trusts -  An exempted unit trust is not a separate legal entity as such under Cayman Islands law, but a trust arrangement whereby legal ownership of the fund’s asset is vested in a trustee who holds the assets of the fund for the benefit of the unit holders.  An exempted unit trust must have a trustee and the trustee’s power and obligation will be governed by the trust deed.

 

Establishment of the Cayman Offshore Fund service
The most common structure for emerging managers is the Cayman Islands fund, regulated by CIMA and managed by a CIMA regulated Investment Management Company. In order to access Hong Kong financial services such as prime brokers and custodians, offshore managers and their funds require the engagement of an onshore licensed entity. Cayman fund structures, favored by most traditional emerging managers, are affordable and flexible, while retaining control over both the fund and the management company. Wingate Business and our partners' guide new managers through the establishment process and provide world-class middle and back office support.

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