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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Episodes
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...
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...
Introduction to automatic exchange of information for Cayman Islands investment funds 16.03.2026 21:16
This guide provides a high level summary of the main obligations for Cayman Islands investment funds under Cayman Islands automatic exchange of information (AEOI) legislation. Over recent years governments around the world have agreed international standards for the automatic sharing of financial account information between global fiscal authorities, with the aim of reducing tax evasion. As part o...
Continuing obligations of a Cayman Islands Registered Mutual Fund 16.03.2026 1:13:45
This guide sets out the continuing obligations under Cayman Islands law of an open-ended fund registered with the Cayman Islands Monetary Authority (CIMA) under section 4(3) or 4(4)(a) of the Mutual Funds Act (Mutual Funds Act). Part A of this guide sets out the ongoing requirements under the Mutual Funds Act as well the various FATCA and CRS requirements, director registration obligations and ant...
Continuing obligations of a Cayman Islands registered private fund 16.03.2026 1:12:30
This guide sets out the continuing obligations under Cayman Islands law of a closed-ended fund registered with the Cayman Islands Monetary Authority (CIMA) under the Private Funds Act (Private Funds Act). Part A of this guide covers the ongoing obligations of a private fund that is registered under the Private Funds Act, as well the various FATCA and CRS requirements, and anti-money laundering com...
Tokenised funds in the Cayman Islands 20.02.2026 10:01
Last week, the Cayman Islands welcomed an influx of professionals in the digital assets space for its inaugural Cayman Crypto Week. As a jurisdiction at the forefront of innovative structuring for the digital assets space, this event was testament to the strength of the offering and experience of the professionals based here, and the increasing institutionalisation of crypto. Tokenised funds were...
The Funds Download - Unpacking Luxembourg's new carry regime 19.02.2026 0:49
In this episode of Funds Hub, Vanessa Molloy and Pierre Luc-Wolff discuss Luxembourg's new carried interest tax regime. They explain the two categories now available, contractual carry and participation carry, and explore who can benefit, including employees, partners, directors, and advisors. Click here to subscribe to the Funds Download podcast. Choose your preferred platform from the list prese...
The Funds Download - Cayman–Luxembourg funds: Parallel funds without parallel headaches (Part I) 12.02.2026 1:54
In this first episode of our new podcast series, our Global Head of Financial Services, Maggie Kwok, and Partner Stéphane Karolczuk explore why managers targeting European investors avoid relying on reverse solicitation and instead turn to national private placement regimes (NPPRs) where available, or choose to establish an AIFMD compliant Luxembourg fund alongside their Cayman structure. For mana...
Jurisdictional comparison British Virgin Islands, Cayman Islands and Luxembourg Investment Funds 09.02.2026 0:20
The following table shows the similarities and differences between the BVI, Cayman and Luxembourg Investment Funds across 27 different areas. Please reach out to the authors to find out more.
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