Harneys
Exploring the Funds Hub
Exploring the Funds Hub is a captivating podcast series containing audio of written content that dives deep into the intriguing world of offshore funds, including the BVI and Cayman. Each episode sails through complex waters, bringing you up-to-date analysis and expert commentary from the leading minds in this specialised field. Our episodes demystify legal jargon and break down complex terminology to make them accessible to all. Harneys, an international law firm with entrepreneurial thinking, brings each episode to you.
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Continuing obligations for private and professional funds The board and officers Functionaries and other service providers Service provider Requirement Is an exemption available? Notice requirements Event triggering an obligation to notify the FSC Time fr 04.08.2026 12:06
As a recognised fund, your professional or private fund is regulated by the British Virgin Islands (BVI) Financial Services Commission (the FSC). This note provides a quick reference to your professional or private fund's ongoing BVI obligations. Professional and private funds are recognised under the Securities and Investment Business Act, Revised Edition 2020 and are subject to the Mutual Funds...
Ongoing obligations of approved managers Submission of annual returns Provision What to do and when? Renewal fee Provision What to do and when? Payment of Registry fees Provision What to do and when? Preparation and submission of financial statements Prov 28.07.2026 11:59
The Investment Business (Approved Managers) Regulations, Revised Edition 2020 (the Regulations) and Approved Investment Managers Guidelines (the Guidelines) establish a regime that allows eligible investment managers and advisers to be regulated under a simple approval process and avoid the licensing regime under Part I of the Securities and Investment Business Act, Revised Edition 2020 (SIBA). Re...
Continuing obligations for incubator funds The board and officers Functionaries and other service providers Notice requirements Event triggering an obligation to notify the FSC Time frame Notices in relation to an incubator fund's validity period Annual r 27.07.2026 12:12
As a mutual fund, your incubator fund is regulated by the British Virgin Islands (BVI) Financial Services Commission (the FSC). This note provides a quick reference to your incubator fund's ongoing BVI obligations. Incubator funds are governed by the Securities and Investment Business (Incubator and Approved Funds) Regulations, Revised Edition 2020 (the Regulations) and the Incubator and Approved...
Continuing obligations for approved funds The board and officers Functionaries and other service providers Notice requirements Event triggering an obligation to notify the FSC Time frame Annual regulatory and government requirements Due by date Action Rep 27.07.2026 11:16
As a mutual fund, your approved fund is regulated by the British Virgin Islands (BVI) Financial Services Commission (the FSC). This note provides a quick reference to your approved fund's ongoing BVI obligations. Approved funds are governed by the Securities and Investment Business (Incubator and Approved Funds) Regulations, Revised Edition 2020 (the Regulations) and the Incubator and Approved Fun...
The BVI's quiet role in ESG-linked fund structures: substance, speed, and strategic value Addressing the perception problem directly Where the BVI fits in the ESG fund ecosystem Three structural scenarios in practice Scenario 1: BVI feeder into a Cayman E 20.07.2026 8:17
The BVI is not the top-level vehicle in an ESG fund, but it plays a valuable role at the layer beneath, as a feeder fund, co-investment vehicle, or impact SPV, where speed, simplicity, and cost matter. Institutional ESG investors do not categorically exclude BVI vehicles; eligibility is driven by the structure's conduct, governance, transparency, and reporting, not the jurisdiction alone. Used for...
Private credit in Luxembourg: structuring considerations for a fast-growing strategy Luxembourg's private credit landscape: why the domicile matters Choosing the right vehicle: RAIF, SIF and the SCSp AIFMD II: what the loan-originating fund rules mean in 13.07.2026 8:40
Private credit has moved from the margins to the mainstream of European finance, and Luxembourg has become the domicile of choice for the managers raising and deploying it. As bank lending has retrenched and institutional investors have pursued the credit risk premium, European private credit assets under management have grown rapidly, and a growing share of new direct lending, mezzanine and credi...
AIFMD II and the UCITS review: what EU reform means for global fund managers Introduction: The stakes of EU reform for global managers What AIFMD II actually changes and for whom Delegation and substance: the reforms that matter most Loan-originating fund 09.07.2026 12:10
AIFMD II (Directive (EU) 2024/927) is in force, with national transposition due by 16 April 2026, and the UCITS review is following closely behind. For global managers using Luxembourg as their EU gateway, the practical impact is concentrated in four areas: tighter delegation and substance expectations, a new regime for loan-originating funds, mandatory liquidity management tools for open-ended fu...
BVI Open-Ended Funds and Approved Funds: Structures, benefits and approval process What are BVI investment funds? What is a BVI-approved fund? Key benefits of investing in BVI funds and approved funds Regulatory requirements for setting up a BVI fund How 06.07.2026 15:27
The British Virgin Islands is one of the world's leading jurisdictions for the formation of investment funds. With a well-established regulatory framework, tax-neutral environment and efficient approval processes, the BVI offers a compelling platform for fund managers — particularly those launching their first fund or structuring vehicles below US$100 million. This guide explains the key open-ende...
Duties and obligations of a director of a Cayman Islands fund 02.07.2026 48:44
This guide provides an overview of the powers, duties and obligations of a director of an exempted company incorporated under the Companies Act of the Cayman Islands (Companies Act) which is registered with the Cayman Islands Monetary Authority (CIMA) as a fund (Fund). This guide is limited to those Funds registered with CIMA under section 4(3) or 4(4)(a) of the Mutual Funds Act (a Mutual Fund) an...
Data Protection for Cayman Islands investment funds 01.07.2026 6:37
The Cayman Islands Data Protection Act (the DP Act) governs how a data controller may process, use and retain personal data. Anyone who falls within the definition of a "data controller" (such as a Cayman Islands investment fund) must now comply with eight data protection principles in relation to any personal data processed by the data controller. Where a data controller engages a third party (su...
The roles and responsibilities of the AML Officers of Financial Service Providers 30.06.2026 14:38
This guide looks at the roles and responsibilities of the nominated officers of financial service providers whose job it is to look out for and report suspicious activity and who oversee the compliance function and ensure that adequate systems and controls are in place to comply with the Anti-Money Laundering Regulations. Money laundering is the process by which the proceeds of crime are channelle...
Private Funds in the Cayman Islands 30.06.2026 26:42
The Cayman Islands is the leading jurisdiction for the offshore investment funds industry due to its combination of flexible and appropriate regulation, an approachable and effective regulator, professional service provider expertise, high reputation among investors and a tax neutral regime. Investment funds established in the Cayman Islands fall into two broad categories: open-ended funds and clo...
The Funds Download - PRC securities access in 2026, from market entry channels to next generation ETF products 25.06.2026 0:38
Click here to subscribe to the Funds Download podcast. Choose your preferred platform from the list presented and click subscribe or follow once logged in. Visit the Funds Download podcast page to catch up on all the Funds Download episodes. If you're considering establishing a fund in the Cayman Islands, Luxembourg, or the British Virgin Islands, visit our Funds Hub for guidance.
PRC securities access in 2026, from market entry channels to next generation ETF products 25.06.2026 0:35
Click here to subscribe to the Funds Download podcast. Choose your preferred platform from the list presented and click subscribe or follow once logged in. Visit the Funds Download podcast page to catch up on all the Funds Download episodes. If you're considering establishing a fund in the Cayman Islands, Luxembourg, or the British Virgin Islands, visit our Funds Hub for guidance.
SFDR Article 6 funds: meaning, scope and market practice What is an SFDR Article 6 fund? Where are SFDR Article 6 funds commonly established? How Article 6 differs from SFDR Articles 8 and 9 Interaction between SFDR and non-EU fund structures How Harneys 16.06.2026 11:02
The Sustainable Finance Disclosure Regulation (SFDR) is one of the most consequential pieces of EU financial regulation to emerge in recent years. It establishes a classification framework for financial products based on their sustainability characteristics, dividing them broadly into three categories under Articles 6, 8 and 9. While much of the market's attention has focused on the higher-tier cl...
AIFMD explained: scope, thresholds, exemptions and compliance 10.06.2026 14:17
The Alternative Investment Fund Managers Directive (AIFMD) is the cornerstone of EU regulation for managers of non-UCITS investment funds. It determines which fund managers require authorisation, sets asset thresholds that trigger full regulatory obligations, and establishes the framework for marketing alternative investment funds to EU investors. It also created a passport allowing AIFMs to marke...
Cayman Islands investment funds and hedge funds explained What are Cayman Islands investment funds? Key features of Cayman Islands funds Benefits of investing in Cayman Islands funds How to set up a fund in the Cayman Islands How Cayman Islands funds comp 08.06.2026 13:06
The Cayman Islands is the world's leading domicile for hedge funds and alternative investment vehicles. Its combination of regulatory pragmatism, tax neutrality, legal certainty and deep service-provider infrastructure makes it the jurisdiction of choice for managers launching funds that accept institutional and sophisticated investor capital. This guide explains the principal fund structures avai...
Establishing an Incubator or Approved Fund in the British Virgin Islands 21.05.2026 14:24
These extremely popular and flexible funds are governed by the Securities and Investment Business (Incubator and Approved Funds) Regulations, Revised Edition 2020, as amended (the Regulations) and the Incubator and Approved Funds Guidelines. The British Virgin Islands (BVI) has often been described as the "home" of the emerging manager and these two fund products further reinforce that message. Th...
Continuing obligations for BVI private investment funds Fund policies and arrangements Maintenance of records and financial statements Anti-money laundering obligations Obligations under FATCA and CRS? Beneficial ownership regime 19.05.2026 5:47
A PIF is required to maintain a valuation policy setting out the applicable procedures for the valuation of fund property, the preparation of reports on the valuation and setting out the mechanisms for sharing valuation information with investors (Valuation Policy). A PIF must ensure that the person appointed as its valuation "appointed person" values fund property in accordance with the valuation...
Guide to the British Virgin Islands approved manager regime (BVI) 18.05.2026 10:40
This guide provides an overview of the British Virgin Islands' Approved Manager regime. The regime came into effect on 10 December 2012 with the Investment Business (Approved Managers) Regulations, Revised Edition 2020 (the Regulations) and the Approved Investment Managers Guidelines (the Guidelines). It introduces a less onerous regulatory regime for BVI domiciled investment managers and investme...
Data protection for investment funds domiciled in the British Virgin Islands 18.05.2026 7:54
The Virgin Islands Data Protection Act 2021 (the Act) is now in force. The Act imposes a number of obligations upon investment funds in relation to the processing of personal data that they will inevitably collect as part of the investor onboarding procedure. In order to ensure compliance with the Act, investment funds should: Provide investors with a privacy notice Update their offering and subsc...
The Funds Download - CayLux funds: Parallel funds without parallel headaches (Part II) 26.03.2026 1:26
In this episode, our Partner Stéphane Karolczuk and Managing Director Danny Howell from FundSight explore the third-party AIFM model, its role in supporting non-EU asset managers, and the key challenges it solves. They discuss the AIFM's core responsibilities in portfolio and risk management, the delegation versus advisory models, and fund sponsor preferences in Asia. The conversation also highlig...
Luxembourg's Enhanced Carried Interest Regime: A new era for fund managers Why the reform was necessary Two categories of carried interest Expanded eligibility Structuring flexibility Practical next steps 18.03.2026 4:48
As of 1 January 2026, Luxembourg has introduced a modernised and permanent tax regime for carried interest, positioning itself as one of the most competitive jurisdictions in Europe for alternative investment fund professionals. This briefing summarises the key features of the new regime and what it means for fund managers, directors, advisors and other industry participants. The previous carried...
Le nouveau régime de carried interest luxembourgeois: une nouvelle ère pour les gestionnaires de fonds 18.03.2026 7:09
Depuis le 1er janvier 2026, le Grand-Duché de Luxembourg a dispose d'un nouveau régime fiscal applicable aux carried interest, confortant ainsi sa position de place financière de premier plan au sein de l'Union Européenne pour les acteurs institutionnels du secteur des fonds d'investissement alternatifs. La présente note a vocation à présenter de manière synthétique les caractéristiques substantie...
Luxembourg's Enhanced Carried Interest Regime: A new era for fund managers Why the reform was necessary Two categories of carried interest Expanded eligibility Structuring flexibility Practical next steps 18.03.2026 4:47
As of 1 January 2026, Luxembourg has introduced a modernised and permanent tax regime for carried interest, positioning itself as one of the most competitive jurisdictions in Europe for alternative investment fund professionals. This briefing summarises the key features of the new regime and what it means for fund managers, directors, advisors and other industry participants. The previous carried...
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