The year 2005 is set to be another record year for hedge fund registrations
in the Cayman Islands, paralleling growth which has led to record volumes of
private equity transactions in the past twelve months, according to Walkers,
the global offshore law firm for fund managers, corporations and financial institutions.
Together, these trends are being driven by the continuing inclusion of greater
segments of the global marketplace - particularly Asian and the Middle East
- and the growing demand for higher returns on the part of institutional and
individual investors alike. For the first nine months of 2005, the Cayman Islands
Monetary Authority (CIMA) reported that more than 960 funds have been formed,
with an increase of 361 funds in the third quarter of 2005, a 15 percent increase
over the same time period in 2004. In 2004, a then-record 1,405 new hedge funds
were formed in Cayman during the entire year.
Overall, the level of assets invested in hedge funds around the world rose
in 2005, largely as the result of pension fund assets that were invested into
alternative investments vehicles, with a special emphasis on Japan. More than
US$2.5 billion in pension funds were invested in alternative vehicles in Japan
in the first nine months of 2005, primarily through hedge funds domiciled in
the Cayman Islands. This growth was also reflected by increased activity in
Walkers' Hong Kong office.
Importantly, pension funds are also driving new hedge fund structures, including
the use of side letters, a type of special arrangement for select fund contributors.
"Side letters are often needed to allow a pension fund to invest in a
hedge fund without violating the terms of the pension fund's charter documents
or the provisions of ERISA," Mark Lewis, Senior Investment Funds Partner
for Walkers, said. "Driving this trend is a significant increase in the
funds allocated to the alternative investment sector in all jurisdictions -
from Japan and Dubai to the UK and the BVI." Mr. Lewis added that this
trend is likely to continue well into 2006, especially given the anaemic performance
of major global financial indices.
"In addition, side pocket allocations are becoming more standard,"
Mr. Lewis continued. "Fund managers are constantly trying to generate higher
rates of return in an increasingly competitive marketplace, and are using side
pocket investments as off-market and illiquid vehicles."
The coming year will also bring increased regulation of hedge funds by the
U.S. Securities and Exchange Commission (SEC) given the approach of the February
1, 2006 registration deadline and the work being done by investment managers
to prepare their filings.
"It is widely anticipated that the increased burden of regulation will
increase operational costs for the start-up managers, although many are electing
to offer shares in their funds with 25-month lock-ups to avoid registration,"
Jonathan Tonge, co-lead of Walkers' Investment Funds Partner, said. "We
also expect a year of consolidation in the market place as many smaller fund
managers look to merge to achieve scalability of size."
Like hedge funds, private equity funds also saw a steep increase in activity
in 2005 for a wide range of reasons, and in a variety of jurisdictions.
"Private equity funds and hedge funds seem to be moving closer in terms
of structure and strategy. We anticipate seeing even more of this and we are
actively working for our clients on a number of these 'hybrid' funds which will
be launched early in the New Year," Iain McMurdo, an Investment Funds partner
for Walkers, said. "In addition to an increase in activity in jurisdictions
such as Asia, the sheer size of private equity deals continues to grow as groups
continue to take business units, or entire companies, private."
Mr. McMurdo pointed to the recent acquisition of Dunkin' Brands Inc. by Bain
Capital, The Carlyle Group, and Thomas H. Lee Partners; the purchase of Toys
'R' Us by a group lead by KKR Group, Bain Capital, and Vornado Realty Trust;
and the acquisition of Agilent Technologies' semiconductor business known as
Agilent Semiconductor Products Group (SPG) by Silver Lake and KKR as evidence
of this trend. Walkers was involved in fund formation and portfolio acquisition
in both the Toys 'R' Us and Agilent deals.
In 2005, the Walkers team formed a number of new private equity funds for existing
clients and was heavily involved in a number of portfolio sales and acquisitions
by its clients. Key deals for the private equity group included the sale of
Japan Telecoms by Ripplewood to Softbank, the subsequent spin-off of Ripplewood's
private portfolio and of RHJ International, the spin-off of the Soros Private
Equity Group to form TowerBrook Capital Partners, and advising Stone Point Capital
in the capitalization of Harbor Point Limited.
Another area of expected growth in 2006, according to Walkers, will be Shariah-compliant
investment funds, or funds that comply with Islamic law. With the continuing
emergence of the Dubai International Finance Centre (DIFC) as a major global
financial hub, the importance of Dubai in the capital markets is anticipated
to increase.
Over the past two years, the equity markets in Dubai have been among the world's
top performers, with a 41 percent increase in the private equity industry since
1998. Today, private equity investments total around $1 billion. Current estimates
call for this trend to accelerate and reach a total of between $2.1 and $2.6
billion by 2007. In addition, more than 80 percent of the investment in the
region is currently offshore, increasing the need for the local business community
to draw on international expertise.
Walkers opened the first fully transactional offshore law firm in Dubai in
November to offer in-country expertise its large portfolio of Middle Eastern
clients, as well as to help build the legal service offering in the region.
"The top 30 global asset managers consider the Middle East to be a significant
area of growth, with many of them - including UBS, Morgan Stanley, Deutsche
Bank and Fidelity International - already active in the region. And the number
of Islamic mutual funds has grown from 127 in 2002 to 445 by Q3 of 2005,"
Grant Stein, Walkers' Senior Partner said. "With offices in London, Cayman,
Hong Kong, the BVI and now Dubai, Walkers brings connections with the major
financial centers, as well as knowledge of financial products, to better serve
our clients around the world."