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Related knowledge about offshore funds,Do you understand?

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Today I would like to introduce to you the relevant knowledge about offshore funds.,Let’s learn together! one、离岸基金的概念离岸基金又称离岸证券投资基金是指一国的证券基金组织在他国发行证券基金单位并将募集的资金投资于本国或第三国证券市场的证券投资基金。offshore funds(OffshoreFund):Mutual funds with corporate headquarters outside Hong Kong。

Most mutual funds sold in Hong Kong are in Luxembourg、Incorporation in overseas jurisdictions such as Bermuda or Dublin。two、History of Offshore Funds Offshore funds are usually domiciled in the British Virgin Islands、Offshore islands such as Cayman Islands and Bermuda。

The fund chooses to establish in these areas,This is usually because regulations on funds in these areas are relatively loose.,At the same time, the local government exempts the fund from taxes on non-local income.,also,Some places also allow funds to be publicly offered globally after establishment.。There are currently more than 6,000 funds of various types in the Cayman Islands。

而作为后起之秀的BVI自1998年开放离岸基金市场以来已注册的受监管的基金数量达到3400多只。There are currently more than 1,600 registered collective investment schemes in Bermuda.。It should be noted that,The above figures do not include the large number of funds that enjoy regulatory exemptions under local laws.。It can be seen that funds registered in offshore islands have become one of the first choices for many funds.。

three、The judicial form of offshore funds, the limited partnership among the partnership types, is the most popular organizational form of private equity funds.,More than 80% of private equity funds in the United States adopt this form,And most funds established in the United States are established as Delaware limited partnerships.,Most European private equity funds also adopt this type of organizational form.,Therefore, limited partnerships are also regarded as the key to the success of American private equity funds.。

Four、Opening an Account for Offshore Funds Offshore Funds in Cayman from a Corporate Law Perspective,Essentially it is still a Cayman exemption(exempt)company,no taxes,The difference is that it passes the charter(Registration,and comply with Cayman fund-related laws and regulations)Defines the company's relationship with investors and other relevant stakeholders,and became a fund。

So how to open a Cayman offshore fund account?,Can be used at any stage of fund establishment,It can be carried out as long as the company is established。General accounts will not be opened in Cayman.,Instead, priority can be given to opening in places such as Hong Kong and Singapore.。

In addition, there are two types of accounts after just starting operations,一个是cashaccount现金帐户,Opened by the administrator in the name of the fund,All investments are made before entering the investment account,to access this cash account,and approved by the administrator(KYC)to enter the investment account。Investment accounts, of course, refer to accounts invested in other financial institutions when the fund is actually operating.。

five、The main forms of offshore funds refer to offshore funds here.,According to different establishment forms, they are mainly divided into private equity investment funds.(PrivateEquityFund)with hedge funds(HedgeFund)Two categories。private equity investment,即PrivateEquity简称PE是指投资于非上市股权,Or an investment method in non-publicly traded equity of listed companies。

Sources of funding for private equity investments,It can also raise funds from unspecified members of the public.,Non-public issuance can also be adopted,Raise funds from institutions or individuals with risk identification and tolerance。Because private equity investment is risky,Insufficient information disclosure,Therefore, it is often in the form of non-public fundraising.。

Most of those who set up PE are groups with a small number of investors.,individual or family,The number of investors is limited to 15 people,The investment projects or assets held are relatively fixed and stable.。对冲基金HedgeFund,Financial futures and financial options are called financial derivatives(financialderivatives),They are often used in financial markets as hedging、means of avoiding risks。

over time,in financial markets,Some fund organizations use financial derivatives to adopt a variety of profit-oriented investment strategies.,These funds are called hedge funds。

at present,Hedge funds have long lost the connotation of risk hedging,Just the opposite,It is now widely believed that hedge funds are actually based on investment theories and extremely complex financial market operating techniques.,Make full use of the leverage of various financial derivatives,Take high risks、Pursue high-yield investment models。

由于HedgeFund对其投资人数无上限限制,Therefore, you need to apply for a registered fund(RegisteredFund)Convenient for investment and management。six、Offshore fund maintenance

cost

Take a simple PE as an example,Charges include:one year government

cost

、consultant

cost

、Fund management

cost

and

cost

如果是HedgeFund

cost

Higher than simple PE。

If you still want to know more about this aspect,Welcome anytime!


About Hong Kong Xintong

Hong Kong Xintong focuses onHong Kong Securities and Futures Commission licenseHong Kong Insurance Broker LicenseHong Kong MSO Licenseandmoneylenders licenseApply for service,Assist customers to applyUS MSB license、NFA、RIA、Canadian MSB license、Mainstream overseas financial licenses such as Australia and Mexico,Support enterprises to achieve compliance expansion of cross-border financial business。Also availableCayman Islands Offshore Company Registration、Offshore fund establishment and global compliance operations and other services,Help enterprises expand their presence in international markets。Provide one-stop compliance solutions for enterprises。To learn more,Please contactHong Kong Information Communications Consultant

Editing of articles in this issue:

Picture of 黄嘉敏

黄嘉敏

黄嘉敏拥有逾 10 年跨境基金架构与合规咨询经验她曾就私募股权基金开放式基金专业投资基金 (PIF) 与 PFLP 结构为客户提供综合服务包括基金设立规划基金章程起草监管文件准备反洗钱政策 (AML) 与客户尽职调查(CDD)体系建立她对开曼与 BVI 基金法规经济实质要求及司法辖区监管有深入理解能帮助财富管理公司与家族办公室设计符合全球规则的基金合规架构

Areas of expertise:私募股权基金PIF/PFLP 结构AML/CDD 体系建立开曼/BVI 基金法规经济实质要求

Previous institutions:开曼/香港基金服务机构 & 国际法律顾问团队

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