General Advice On Bahamian LEGALITIES: Bahamas Investment Funds

The Bahamas leads the field in the region for investment finance administration, primarily due to key-money industry legislation that models the jurisdiction ahead of its competitors. Providing financial services to a sophisticated international clientele takes a sophisticated legislative approach. In drafting the new Act, the Securities Commission from the Bahamas was mindful of the necessity for flexibility to adequately cater to the evolving needs of the global marketplace. 1. The Standard Fund. Anticipates an offering to everyone, and is an extremely controlled, modern investment vehicle made to operate as a traditional collective investment scheme.

2. The Professional Fund. A class made for sophisticated investors, and could be certified by an authorized administrator (as well as the Securities Commission), thus enabling faster time to release. 3. The SMART Fund. A specific mandate substitute regulatory test account suitable for innovative structuring of investment money. 4. The Recognized Foreign Fund.

An investment fund licensed or registered in a prescribed jurisdiction and not suspended from operation. These four classes of funds, in conjunction with a progressive method of regulation and a reputation for quality administration, place The Bahamas at the forefront of the funds industry. Traditional types of regulation are now too restrictive as structuring options for investment funds continue to expand.

Previous legislation in The Bahamas and elsewhere defined in the body of statute-specific classes of money, leading to the financial community being forced to match investment fund projects into one of the defined classes. The Bahamas SMART fund concept suits the modern dynamic market. It is an innovative, intensifying, and versatile product to appeal to home-based business and re-organize existing business to raised suit the needs of clients.

In particular, where investment funds are essentially private arrangements, they will now enjoy a supervisory environment befitting the limited, specific nature of the project and can not suffer the “broad brush” regulatory strategy, unavoidable elsewhere. Key features include limited content offering documents and no annual audit requirement. The smart money provides industry individuals with the means to offer clients innovative structuring solutions via a controlled vehicle, domiciled in a premier international financial center.

The Securities Commission has pre-approved five SMART finance mandates and published the criteria for every through SMART account “templates”. Promoters wishing to structure a fund in accordance with any of these approved web templates need only make arrangements with an authorized administrator who has the power to issue a license, producing a significant reduction in time to advertise.

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Promoters could also approach the Securities Commission, via a local consultant usually, to seek acknowledgement for a new framework of SMART finance bearing specific project features. It really is expected that as innovative uses because of this style of finance develop, additional templates will be approved, creating valuable precedents for the global investment fund community. As being a blue-chip, cooperative, and well-regulated financial center, The Bahamas is definitely mindful of the needs of the marketplace.

The Act keeps the power of local account administrators with an unrestricted license (authorized administrators) to permit professional and SMART investment money independently of the regulator. This ability to release new funds based on the homework review of the certified administrator has proven to be a major benefit for The Bahamas and a catalyst for growth.

A new fast-track process for funds offered to certified investors has been set up by the Securities Commission guaranteeing review and response within 72 hours. A system of regular on-site inspections, in conjunction with the partnership strategy inherent inside the Bahamas financial services industry, provides the maximum flexibility without any dilution of the regulator’s powers and overall guidance. The Act entrenches this versatile approach by allowing Bahamian funds to be audited by recognized firms with no need for local sign-off.