Offshore Funds Hub

On 9 February 2022, the Luxembourg Chamber of Deputies (Chambre des Députés), adopted the law modernising the Luxembourg law of 2 March 2004 on securitisation, as amended (the New Securitisation Law). The New Securitisation Law enhances legal certainty and flexibility of the Luxembourg securitisation regime, while ensuring and increasing effective protection for investors.

The Law Society has published the second edition of their blockchain report, in collaboration with the Tech London Advocates (TLA) Blockchain Legal and Regulatory Group. The guidance covers a range of key issues for legal practitioners to be aware of when advising on distributed ledger technology (DLT) related matters, such as blockchain. The report is broken into two parts, developing technologies and impacts on the wider landscape. Cayman Islands-based Associate Marc Piano contributed section four: Types of Cryptoassets and DeFi and Section 7 Smart Contracts and Data Governance.

The Offshore Funds hub is dedicated to demystifying offshore investment funds: why investment managers use them and how they work. We also write about the latest offshore funds news from the BVI, Cayman, Cyprus, and Luxembourg. It's written by lawyers, but we try to keep it interesting anyway.

In the sixth episode of our Funds Download podcast series, our host and the global head of Funds and Regulatory, Philip Graham, is joined by the head of Funds and Regulatory, Asia, Maggie Kwok, to share insights from the region.

Ignoring an awful lot of the current newsreels in the US right now, there is absolutely no doubt that recent victories by the Democrat candidates Jon Ossoff and the Rev. Raphael Warnock in Georgia have added to the political transformation we will see in 2021 and will ensure that President Joe Biden will certainly have an easier time enacting his agenda.

One of the most common scenarios we encounter is a US-based manager who initially establishes a domestic fund to attract US taxable investors. With the performance going in the right direction, the manager begins to think about US tax-exempt investors, such as charities, pension funds and university endowments, as well as investors based outside of the US, who like the track record and want to invest.

Here is a way to start an article like no other; what a fantastic year 2020 has been. The obituary of the hedge fund industry has been written many times, but for some, it was written in indelible ink in 2008 following the financial crisis. Commentators blamed the industry for its part in the global collapse, notwithstanding the fact that a huge majority of fund vehicles during that time were actually victims themselves. Ignoring the huge layer of red tape that subsequently encased the industry, this wasn’t actually the largest cause for concern.

The market for US dollar (USD)-denominated funds in Greater China has undergone rapid transformation. Professional services providers have been grappling with the impact of a flurry of new laws and regulations, while fund managers have suddenly found themselves overwhelmed by choice. This has led some to question whether market convergence has finally led to the creation of a level playing field for all jurisdictions, or whether in fact this is the beginning of widespread divergence in the fund market industry.

In our final episode of the Funds Download season one, our host and the Global Head of Funds and Regulatory, Philip Graham, is joined by Partners Lewis Chong and Matt Taber and Associate Marc Piano, our in-house crypto experts. They consider the most frequently asked questions encountered in their extensive experience with guiding emerging managers in this industry.

In the ninth episode of our Funds Download podcast series, our host and the global head of Funds and Regulatory, Philip Graham, is joined by Partner Matt Taber and Associate Marc Piano, to focus on how the FinTech evolution continues to provide a platform for serious innovation in the industry.