Eternity Law International News How to get investment fund license

How to get investment fund license

Published:
September 9, 2022
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Launching an investment fund is a major gateway to global financial markets, but also not a pastime that can easily be done for fun. That’s because before capital can be raised, portfolios managed, or profits distributed, a single precondition is needed: a legitimate investment fund license. Whether it be private equity funds to hedge vehicles and UCITS structures, regulatory approval is the line in the sand between legitimate activity and financial speculation. In an industry as tightly regulated as this, being properly licensed is more than just a prerequisite – it’s the foundation of credibility. The fund registration process for asset managers, family offices, and institutional investors will include identification of jurisdiction, planning for compliance and legal structuring that is optimized to match the investment funds regulatory requirements.

Acquire a license for establishing an investment fund

What is an investment fund license? An investment fund license is a government issued formal permission for an entity to function as a fund, to raise money from investors and invest it according to a defined investment strategy. Where the fund domicile is situated may carry out different types of licence and cover a variety of structures including umbrella funds and open ended vehicles to closed end strategies, hedge funds and alternatives. Licensing is typically tied to:

  • Fund type and investment strategy;
  • Risk profile and investor category;
  • Asset classes and leverage policy;
  • Transparency and reporting duties.

By obtaining a fund management license, the fund is able to verify a fund is subject to financial regulations, declares its structure correctly and shields investors from fraud, missolutions, etc.

Simplify the licensing process for fund management

While the map may vary from jurisdiction to jurisdiction, a road of sorts is a standard for most fund registration processes.

  1. Legal structuring – Deciding the appropriate vehicle: LP, SICAV, trust or corporate structure.
  2. Domicile choice – Picking the country or jurisdiction that suits investment objectives and target markets best.
  3. Hiring of service providers – Use of Fund administrators, custodians, auditors, and directors.
  4. Regulatory filing – Filing up for fund documents, offering memoranda and statement of risk with relevant financial authorities.
  5. Licensing Approval – Pending verification: Regulatory interviews/site visits, or due diligence check etc.).

A savvy on-the-ground lawyer can help save time along this route by compiling the entire dossier and navigating discussions with regulators – so fund promoters can keep their eye on the capital strategy.

Cyprus fund projects

EU Licensing at low cost Europe has made a nice home of fund domiciliation in Cyprus, with a simplified regime falling under the responsibility of the Cyprus Securities and Exchange Commission (CySEC). It favours different fund types: AIFs, RAIFs, and UCITS structures with various levels of regulatory oversight. Why Cyprus attracts fund managers?

  1. Express formation without pre-approval.
  2. Low corporate tax rates and no withholding tax on dividends.
  3. Passporting in the UCITS and AIFMD regimes.
  4. Ability to start with a single investor (in some instances).

The steps to obtain an investment fund license in Cyprus include creating a Cyprus-based management company or external one, and submitting extensive documentation to be reviewed by CySEC. For funds looking to access EU markets without the weight of hierarchy, Cyprus is one of the favoured bases.

Investment fund setup in Switzerland

Best known as a private banking and wealth management centre, Switzerland is a tough yet respected place to establish an investment fund. Swiss funds are supervised by the Swiss Financial Market Supervisory Authority (FINMA) and, while the bar is high, prestige does not get better. Promoters are required to either collaborate with a fund management company with an authorization to operate in Switzerland or to have their own fund management license. The country funds a number of structures including:

  • Contractual investment funds (FCP);
  • (SICAVs) (variablen Kapitals) themselves;
  • Limited partnerships for collective investment.

In Switzerland, investor protection, risk management and governance are important legal requirements. Although fund registration in Switzerland is more time-consuming than in many other locations, Swiss investment funds are recognised everywhere as a platinum-class, high-trust product, an attractive option for HNWIs as well as institutional capital.

Ensure compliance with financial sector regulations

What is required will vary from one jurisdiction to another, but there are some general regulatory requirements for investment funds that apply when it comes to compliance for investment funds.

  1. AML and KYC for all fund sub investors.
  2. Fit and proper checks on directors and those holding key positions.
  3. Transparent instruction about the risks of investing and the investment policy.
  4. Independent auditing and financial reporting.
  5. Investor money and fund assets not commingled or otherwise used for CF purposes – respecting the interests of CFP investors and the fund investors being notably different.

From licensing permissions to ongoing fund governance, compliance should act as a living framework rather than as a one-off process. Our support extends beyond the initial registration to include annual reporting, policy updates, and internal reviews to ensure that each fund we assist in establishing stays in good standing.

Expert assistance in obtaining fund licenses

For the current financial world, it’s out of the question to have an unlicensed investment site. If your aim is private capital gathering, structured debt investment, or long-term real estate planning, the regulatory structures need to be constructed on a compliant base. We offer a full suite of investment fund licensing services, from setting up and identifying service providers to filing with regulators and monitoring of compliance.

From a lean RAIF in Cyprus to an institutional grade setup in Switzerland, we guide you through setting up your funds registration with the utmost detail. A fund management license is not only a regulatory requirement – it is your ticket to global acceptance. Allow us to guide you through the rules, cut through the guesswork, and have your fund market-ready out of the gate.

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