News

Switzerland: NRF

Creating an open-ended NRF in Switzerland is possible as:  FCP; SICAV.  Establishing a closed-end NRF in Switzerland is possible as:  SICAF;

Switzerland: PEF & Fundraising

Those planning to set up a PEF in Switzerland should keep in mind that the recently revised CISA contains the following list of potential qualified investors: financial mediators;

Portugal: Updated AML Compliance Policy

The scope of the Portuguese AML Act has recently been expanded to include all legal entities involved in any of the below activities (on their own behalf or on behalf of their clients):

Germany: Amendments to the Securities Law

Published on August 11, 2020, the draft law on e-securities (i.e. security tokens) introduces new rules into German law. Initially, the law will only be applicable to bearer bonds; however, at later stages,

Argentina: FDI

One of the most popular forms of FDI in the Republic of Argentina is purchasing shares of an Argentinian company. Transactions involving simultaneous & delayed signing/completion are also possible. That normally depends on

Singapore: SIMC Protocol

The fallout from the coronavirus pandemic has severely crippled businesses & economies around the world. It has also disrupted supply chains causing frequent non-compliance with contractual obligations. Therefore, the recent years have seen

Austria: AIF Regulation

Unlike 2018 & 2019, the number of applications for AIF registration in the Republic of Austria somewhat decreased in 2020. However, the country’s FDI sector is developing at a fast rate & it’s

South Korea: Regulation of PEF

Adopted back in 2004, UIT regulations were meant to be an adaptation of the Law on Indirect Investment Asset Management Business. Five years later, the FSCMA was drafted whose sole purpose was to

Payment Services Providers & Digital Platforms in Hong Kong

The 2019 memorandum issued by the SFC contains provisions related to digital platforms that trade in digital assets. The document also sets out regulatory standards governing the procedure for licensing an automated trading

Brazil: Crowdfunding & P2P Platforms

There’s been quite a few legislative initiatives aimed at improving regulation of crowdfunding & P2P platforms in Brazil recently. So, let’s take a closer look at the latest amendments in the regulatory framework

Project Finance Structuring

The vast majority of projects around the world are financed through loans. Sponsors can choose to finance the project abroad directly or indirectly. If they choose the direct path of financing, then funds

Project Finance: Key Documents in Transactions

Project finance is the financing of investment projects, in which the project itself is a way of servicing debt obligations. Lenders evaluate the investee in terms of profitability, which will ensure the repayment

Malta: Updated FDI Regulation

In the European Union in recent years, there has been a rapid increase in investment related to critical EU assets. Earlier last year, the EU adopted a new FDI valuation regime, which is

E-Commerce Directive: Malta & Great Britain

2020 saw the MFSA issue a circular outlining the impact of Brexit on Maltese license holders operating in Great Britain via the Internet. The circular primarily refers to the E-Commerce Directive, which covers

South Korea: PEF Regulatory Features

Direct investment is a risky investment in a company, while the main task of such a step is to support a profitable business idea with funds and provide investors with a high income.

Portugal: PEF Regulation

Purtuguese legislation doesn’t make any clear difference between venture & private equity capital; hence, one can use them interchangeably. If it isn’t specified otherwise, "private equity" can stand for operations involving equity &

Malaysia: FDI Regime

Acquiring shares of a Malaysian company requires obtaining a license. The sectors where getting a license is mandatory are: FSI; Islamic insurance; banking;

Japan: Fund Regulation

Establishing a PEF in Asia often takes the form of LPS (or a limited liability partnership). The establishment of an LLP in Japan is only possible after an agreement between its managers is

Switzerland: Funds

Entrepreneurs planning to establish a fund in Switzerland should keep in mind that the exclusive authority to regulate & oversee funds in this country rests with FINMA. They’ll be also required to ensure

Project Finance: Europe, Asia & America

Project finance (or PF) was, is & will likely be an extremely popular way of attracting funds for infrastructure projects in the EU. Public-Private Partnership (PPP) in France is widely used to finance

Australia: Digital Markets

Registering a FinTech company in Australia is one of the most attractive options for entrepreneurs seeking to do business in this country. So let’s take a closer look at the key features of

Thailand: AML/CTF Laws Updated

Thailand has recently overhauled its AML and CTF laws. The need for such a step was dictated by the huge volumes of money laundered that took place before the new legislation came into

Luxembourg: Funds

By setting up an investment fund in Luxembourg, its founders can obtain EU citizenship, Tht, in turn, means that funds (& their managers) may be purchased by investors in the EEA under a

Project Finance: Key Participants

Project company - a limited liability organization, partnership or JV. Those seeking to register a project company in a foreign jurisdiction should keep in mind that such a structure will in

Mutual Trusts in Ireland

Those seeking to establish a mutual trust in the Republic of Ireland should keep in mind that their activities will be governed by the Investment Act. Mutual trusts are defined as arrangements entered

The UK and Switzerland Expand Cooperation in the Field of Finance

Coordination of the financial system in terms of sustainability is not an abstract concept at all. This is already happening as policymakers and financial supervisors respond to the need to create efficient and

Luxembourg: Direct Investment Regulation

Luxembourg is Europe's largest center of attraction for investment funds, whose total assets exceed 3 trillion euros.  It is the 2nd largest investment fund center in the world after the U.S.  Over

Setting Up a JV Amid Covid-19 Pandemic

The coronavirus has plunged the world into a new reality with closed borders, remote work, disrupted shipments and canceled deals. But the business is not discouraged and is trying to capitalize on the

Saudi Arabia: PEF Regulation

Fund regulation in Saudi Arabia has a number of features that are crucial to consider before starting a business in this jurisdiction. In our blog post, we will provide a brief overview of

Pooled Funds in Hong Kong

Investors seeking to establish a pooled fund in HKSAR have two options: creating unit trusts (requires concluding a trust agreement); establishing a VCC in HKSAR.

New Rules For PEF in Hong Kong

In the investment environment, the Special Administrative Region of China is usually called Asian Switzerland. However, Covid-19 has made its own adjustments and threatens to lose this prestigious status. To remedy the situation,

France: Traditional Funds

The basic rules governing the activities of traditional funds in France are contained in: Monetary & Financial Codes; General provisions on monetary funds; Funds’

Malta: Financial Services Regulatory Update

Under a recently issued circular, the MFSA, Malta’s number one financial regulator, intends to expedite the process of obtaining a financial services license in the Republic of Malta by: introducing

Hong Kong: FDI Regulation and Licensing

The Special Administrative Region of China has long and firmly occupied the position of one of the largest capital markets in the world. HK is also a leading center for direct investment, ranking

Japan: Direct PEF Regulation

Today's blog post will be relevant to those planning to establish direct PEF in Asia and have chosen Japan as a jurisdiction for their business. Legal and regulatory framework

Germany: Private Investment Regulation

If you are looking to establish a PEF in Germany, please note that the national investment regulation has been revised to be in sync with the EU Directive. The financial supervision of PEFs

Ireland: Pooled Funds

Established specifically for the purpose of putting depositors’ money in assets, a pooled fund in Ireland (PFs) can be set up as a UCITS; an AIF for

Tanzania's Mining Regulation: Updated Regulatory Framework

In an effort to provide employment to Tanzania’s citizens & ensure protection of the country’s natural resources, the Tanzanian Parliament passed the 2017 Mining Law. However, soon after its enactment, foreign entrepreneurs seeking

Caymans: Updated Legislation Regarding PEF

4The Cayman Islands have long been considered the number one jurisdiction in the world of offshore investment funds. Many projects with investment fund structuring have been implemented through the jurisdiction. Meanwhile, in the

UAE: Direct PEF Regulation

For entrepreneurs wishing to start financial activities in the UAE, it is important to know that the SCA is the main regulator in the United Arab Emirates regarding PEFs. The regulator strictly monitors