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Introduction
Our holistic approach to advising on Fund and Investment Management services involves supporting our clients at every stage of the Investment Fund cycle – from the structuring and formation stage, through the investment phase, up to the realization of profits and, if applicable, exit, soft wind downs and termination.
Our expertise also extends to covering fund and subscription financing, shareholder or third-party disputes, and any insolvency or restructuring scenarios that may occur. We are also active in the creation and operation of managed accounts, joint ventures and club fund structures, as well as co-investment and investment holding structures.
Our clients include leading global asset management companies, retail fund managers, hedge fund managers, private equity fund managers and high net worth persons.
Scope of Services
- Fund formation and launch
- Investment management
- Fund regulation and governance
- Fund restructuring and distressed funds
- Fund termination and liquidation
- Fund Disputes
- Fund relocation and re-domiciliation
- Investment, M&A, due diligence and negotiations
- Regulatory advice and investigation
- Licensing and compliance
News and Insights
Loeb Smith Attorneys advises China Aircraft Leasing Group Holdings Limited, Yue Xiu Securities Holdings Limited and Park Capital Group on various financing, funds and corporate matters
Hong Kong January 16, 2025 Loeb Smith Attorneys, one of the leading offshore corporate law firms with a strong growing presence in the APAC region, has recently acted as special offshore counsel and advised various clients on the different aspects and stages of their transactions and matters, including…
What are the key laws and rules that govern Cayman Islands’ investment funds?
Open-Ended Funds – The Mutual Funds Act (for open-ended funds) and the Private Funds Act (for closed-ended funds) are the two main statutes relevant to the regulation of investment funds in the Cayman Islands. The Cayman Islands Monetary Authority (“CIMA”) is the regulatory body responsible for compliance with…
Loeb Smith Attorneys has been recognized as a Legal 500’s Leading Firm in client satisfaction 2024
Loeb Smith Attorneys is pleased to announce that our team has been rated as a Leading Firm in client satisfaction 2024 by the Legal 500. Every year the Legal 500 team speak to clients and peers about the top law firms around the globe.
Loeb Smith Attorneys’ Investment Funds and Finance & Corporate capabilities recognized in 2024 IFLR1000 Hong Kong Guide
We are pleased to announce that IFLR1000 has released its 2024-2025 Hong Kong rankings and Loeb Smith Attorneys’ Hong Kong office is awarded “Recommended Firm 2024” and ranked in two categories: “Investment funds: Offshore” and “Financial and corporate: Offshore”.
Loeb Smith Attorneys’ Hong Kong team continues its fast growth and is ranked on ALB HONG KONG FIRMS TO WATCH 2024 list
Hong Kong’s status as a global financial centre has fostered a highly competitive legal market. Fast growing law firms have emerged as significant contributors, demonstrating exceptional capabilities and a deep understanding of local business needs. ALB continues to identify and recognise these standout firms for their achievements.
Finalist Selections Reveal for ALB Hong Kong Law Awards 2024
By way of an update on our recent publication (which can be found here) that the Financial Action Task Force (FATF) had determined that the Cayman Islands has substantively fulfilled its action plan, and following completion of a recent on-site visit by the FATF, the Cayman Islands has…
Loeb Smith Attorneys’ team wins the “Best offshore law firm – client service” category at With Intelligence HFM Asia Services Awards 2024
Loeb Smith Attorneys is pleased to announce that our team has been recognized for outstanding client service at HFM Asia Services Awards 2024 after being shortlisted for the second year in a row
Loeb Smith Attorneys wins the “Best Law Firm – Fund Domicile” category at the Hedgeweek US Emerging Manager Awards
Loeb Smith Attorneys is pleased to announce that our Investment Funds team has won the “Best Law Firm – Fund Domicile” category at the Hedgeweek US Emerging Manager Awards 2024 for the second year in a row.
Loeb Smith Attorneys has been shortlisted once again in the “Best offshore law firm” and “Best offshore law firm client service” categories for the With Intelligence HFM Asia Services Awards
Loeb Smith Attorneys is pleased to share that our team has been shortlisted in the “Best offshore law firm” and “Best offshore law firm client service” categories for the With Intelligence HFM Asia Services Awards 2024 for the second year in a row. The shortlisting is a strong…
Cayman Islands: Private Funds
This article will provide a general overview of the steps involved in the formation and running of a closed-ended investment fund in the Cayman Islands pursuant to the Private Funds Act (As Revised) (the “Act”).
Loeb Smith has been shortlisted in the Best Law Firm – Fund Domicile category at the US Emerging Manager Awards 2023!
Loeb Smith has been shortlisted in the Best Law Firm – Fund Domicile category at the US Emerging Manager Awards 2023! We are pleased to announce that Loeb Smith has been shortlisted for the Hedgeweek US Emerging Manager Awards 2023 in the Best Law Firm – Fund Domicile…
BVI Professional Fund
A BVI Professional Fund is the most popular type of BVI open-ended investment fund. According to the BVI Financial Services Commission (“FSC”) statistical bulletin for Q3 of 2022, published on 21 December 2021, as at 30 September 2022, there were 856 Professional Funds recognized by the FSC in…
Loeb Smith promotes Robert Farrell as Partner in Cayman Islands Corporate and Investment Funds Group
Loeb Smith is pleased to welcome Ivy Wong to the firm as Senior Legal Director for its Corporate practice in the Hong Kong office, where her practice focuses on advising multi-national corporations and conglomerates, shareholders, investment funds, financial institutions, banks, public and private companies, as well as high…
Mutual Funds
Cayman Islands Monetary Authority’s Statement of Guidance – Corporate Governance What is the significance of the Statement of Guidance issued by the Cayman Islands Monetary Authority? The Statement of Guidance is in line with international governance practices and re-affirms certain principles and practices that have been discussed in…
Key Features and Benefits of a BVI Approved Fund
Under the Securities and Investment Business Act, 2010 of the British Virgin Islands (“SIBA”), the Financial Services Commission (the “FSC”) of the British Virgin Islands (“BVI”) offers a range of investment business licenses and allows for the registration of Public Funds and recognition of Private Funds and Professional…
ESG In Finance Transactions and Investment Funds From An Offshore Law Perspective
2021 saw an unprecedented surge in ESG debt issuance which was arguably underpinned by growing investor appetite for sustainable and green-linked investments. For example, UK insurer Aviva reported that the COVID-19 pandemic influenced the likelihood of taking ESG factors into consideration for over 55 per cent of respondents…
Recent PwC Report ranks Cayman Islands and British Virgin Islands as the preferred jurisdictions for crypto open-ended funds
In June 2022, PwC published their 4rd Annual Global Crypto Hedge Fund Report (the “Report”), an overview of the global crypto open-ended fund landscape that takes a deep dive into the different elements that define these funds, including but not limited to their preferred location, size of the…
FUND MANAGEMENT Cayman Islands
The main regulatory body in the Cayman Islands that regulates open-ended investment funds, closed-ended investment funds, fund managers and parties marketing investment funds is the Cayman Islands Monetary Authority (CIMA). The main statutes from which CIMA derives its supervisory powers and duties in respect of investment funds are…
Cayman Islands Monetary Authority publishes new procedures for De-registering Cayman Mutual Funds and Private Funds
The Cayman Islands Monetary Authority (“CIMA”) published an updated Rule and Regulatory Procedure on 17 August 2022 in respect of the cancellation of certificates of registration (“De-registration”) of both mutual funds regulated under the Mutual Funds Act (2021 Revision) (“MFA”) and private funds regulated under the Private Funds…
Key Trends in Cayman and the BVI for Investment Funds, M&A, and Finance Transactions in 2022
With inflationary pressures coming to the fore in certain areas of the global economy and the continuing impact of Covid-19, there are many important and urgent issues to discuss. In our capacity as offshore legal advisers, we wanted to highlight some of the features from our Investment Funds/M&A…
Key Features and Benefits of the BVI Incubator Fund
The BVI’s Securities and Investment Business (Incubator and Approved Funds) Regulations, 2015 (the “Regulations”) introduced the “Incubator Fund” which provides a streamlined basis for start-up investment managers to establish a track record of managing funds with an open-ended strategy. The Incubator Fund regime under the Regulations does not…
Fund Management in the Cayman Islands 2021
Regulatory framework and authorities How is fund management regulated in your jurisdiction? Which authorities have primary responsibility for regulating funds, fund managers and those marketing funds? The main regulatory body in the Cayman Islands that regulates open-ended investment funds, closed-ended investment funds, fund managers and parties marketing investment…
CIMA has extended the filing deadline for filing of audited accounts and FAR Form for Private Funds to 30 September 2021
CIMA has extended the filing deadline for filing of audited accounts and FAR Form for Private Funds to 30 September 2021 The Cayman Islands Monetary Authority (“CIMA”) released a Notice on 19 April 2021 to confirm that the deadline for the first filing of audited accounts for Private…
Will the BVI Approved Manager regime become, even for Cayman Islands’ Funds, the preferred offshore option for establishing an Investment Manager?
As the regulatory requirements and cost burden increase for investment management entities in the Cayman Islands, many of our clients are looking for other offshore solutions. Under the Cayman Islands’ Securities Investment Business Act (2020 Revision) as amended, all Cayman entities carrying on securities investment business as investment…
Fund Management in Cayman Islands Report generated on 03 August 2020
The information contained in this report is indicative only. Law Business Research is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this report and in no event shall be liable for any damages…
Cayman Exempted Mutual Funds now required to register with the Cayman Islands Monetary Authority
By way of an update on our recent publication (which can be found here) that the Financial Action Task Force (FATF) had determined that the Cayman Islands has substantively fulfilled its action plan, and following completion of a recent on-site visit by the FATF, the Cayman Islands has…
Cayman Islands introduce Private Funds Law to regulate closed-ended investment funds
The Private Funds Law, 2020 (the “Law”) came into force on 7th February 2020 and introduces, among other things, a requirement for the registration of closed-ended funds (typically, investment funds which do not grant investors with a right or entitlement to withdraw or redeem their shares or interests…
Cayman Exempted Mutual Funds will soon need to register with CIMA
By way of an update on our recent publication (which can be found here) that the Financial Action Task Force (FATF) had determined that the Cayman Islands has substantively fulfilled its action plan, and following completion of a recent on-site visit by the FATF, the Cayman Islands has…
Using a segregated portfolio company for private equity funds
Could you briefly explain the concept of the Segregated Portfolio Company? Once registered under the Cayman Islands Companies Law, a segregated portfolio company (“SPC”) can operate segregated portfolios (“SPs”) with the benefit of statutory segregation of assets and liabilities between portfolios.
Legal Alert – Offshore Investment Funds: GDPR vs. Cayman Islands Data Protection Law
The EU’s General Data Protection Regulation (“GDPR”) applies to offshore investment funds with European investors since 25 May 2018. The Cayman Islands Data Protection Law (“DPL”), which will regulate the future processing of all personal data, is intended to come into effect in January 20191. Inspired from the…
