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Offshore Mutual & Investment Funds
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| What
is an investment fund?
An
investment fund is a pool of money contributed
by a small or large number of subscribers,
unit-holders or shareholders, which is invested
and administered on their behalf. They share
the proceeds (or losses) in proportion to
their subscriptions after deduction of costs.
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Who
runs an investment fund?
Three
distinct functions exist: the promoter
is the person or company who established
the fund and markets it; the manager
is the person or company who runs it from
day to day, and the custodian is
the person or company who holds the investment
assets on behalf of the subscribers. In
some jurisdictions, these functions have
to be exercised by separate bodies, but
in many, two or more can be combined. All
three functions are rewarded with fees,
usually based on the value of the fund,
but sometimes being success-based.
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What
is a mutual fund?
A
mutual fund is an investment fund divided
into units (equivalent to shares) which
can be bought from and sold back to the
manager of the fund, but which are not traded
as such. The value of the fund NAV (net
asset value) per unit is calculated frequently.
Many countries have favourable tax regimes
for mutual funds, to encourage saving.
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What
is UCITS?
This
is an EU Directive which establishes a common
regulatory regime for Undertakings for Collective
Investment in Transferable Securities, ie
funds under UCITS can market themselves
throughout the EU. As the name implies,
investments are limited to those securities
listed on public stock exchanges. Many mutual
funds in Europe use the UCITS legislation.
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What
is an open-ended investment fund?
One
which has no pre-determined closing date.
Most publicly-marketed investment and mutual
funds are open-ended.
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What
is an closed-end investment fund?
One
with a pre-determined closing date, on which
the fund's assets must be realised and the
proceeds distributed back to the subscribers.
Closed-end funds are normally used by groups
of private investors, often working in 'limited
partnerships' for tax reasons.
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What
is an offshore investment fund?
One
which is based in an offshore jurisdiction
(although the term is often used, perhaps
incorrectly, to describe a fund which is
based outside a particular high-tax country).
An offshore investment fund may have the
problem that it cannot market into some
important high-tax countries unless its
local supervisory and regulatory regime
is 'recognised' by high-tax countries as
being up to their standards. Broadly speaking,
this means that if you see an offshore fund
being marketed in a high-tax country, its
investment behaviour is probably quite constrained,
and this may limit its ability to achieve
high returns, in the interests of protecting
investors.
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| What
types of offshore fund are there?
Offshore funds come in many varieties,
even more than onshore funds (those in high-tax
countries) which are often limited by local
regulation to less volatile types of investment.
Thus, there are offshore bond funds, equity
funds, sectoral funds, emerging-market funds,
money-market funds, hedge funds, property
funds, income funds, capital funds - and
more.
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