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Guernsey Funds Make Eye-Catching Listings
by Phillip Morton, Investors Offshore.com

01 July 2008

Three recently achieved milestones by exchange-listed funds domiciled and administered in Guernsey highlights the jurisdiction's suitability as an offshore base for listed funds, according to Guernsey Finance, the island's promotional body for the finance industry.

As evidence of this, Guernsey Finance has drawn attention to the activities of KSK Emerging India Energy Fund, which has become the largest fund to raise money on the Alternative Investment Market (AIM) of the London Stock Exchange (LSE) this year, MW TOPS Limited, which has become the first Euronext listed fund to dual list on the main market of the LSE, and Phaunos Timber Fund, which has migrated from AIM to list on the main market of the LSE.

Peter Niven, Chief Executive of Guernsey Finance said: “Together these three developments demonstrate that the great flexibility in being able to list Guernsey funds on a variety of different markets is an increasingly popular route with a proven formula for success.”

Guernsey Finance has identified four main factors behind the jurisdiction's ever-growing strength in making successful listings. Firstly, listing rules mean that AIM has been particularly popular for Guernsey companies due to the Island’s specialism in offshore funds and particularly those investing in alternative assets.

Secondly, Guernsey is one of the few jurisdictions from where investment funds wishing to list on the Amsterdam Euronext do not need to obtain a licence in the Netherlands because the Dutch authorities (AFM) has ruled that there is already adequate ‘home’ supervision.

Thirdly, Changes to the listing rules for the main market of the LSE, particularly removing the need for quarterly disclosure of portfolio holdings, has attracted more business which is a specialism of Guernsey, such as hedge fund and fund of funds business.

Lastly, Guernsey funds can take primary or secondary listings on the local Channel Islands Stock Exchange (CISX).

KSK Emerging India Energy Fund is a Guernsey closed ended investment company focused on the Indian power and energy sector. On 9th June it commenced dealings in its ordinary shares on AIM and on the Channel Islands Stock Exchange (CISX).

Tanmay Das, Non-Executive Director of KSK Emerging India Energy Fund Limited, commented: “We are delighted with the market’s response to our strategy and the USD200mn raised represents the largest fundraising on AIM this year. We are now well placed to launch the fund, deploy this capital quickly and grow our fund management business.”

The nominated adviser is Grant Thornton; financial adviser and broker is Liberum Capital Limited; Elysium Fund Management in Guernsey is the CISX sponsor, administrator and company secretary; registrar and CREST agent is Capita Registrars (Guernsey); and the legal advisers on Guernsey law are Ozannes.

MW TOPS Limited is a Guernsey-based multi-strategy hedge fund managed by Marshall Wace LLP. It has been listed on Euronext Amsterdam since December 2006, where it raised EUR1.5bn, and commenced dealings in existing shares on the main market of the LSE on 18 June 2008.

“We are immensely pleased to list on the LSE. By dual-listing MW TOPS Limited in both Amsterdam and London, we are looking to enhance the company’s profile,” said Sir Andrew Large, Chairman of MW TOPS.

“Eighteen months ago, when MW TOPS Limited listed in Amsterdam, a primary listing of the company in London was not a possibility. However, following the changes to the UK’s listing rules the situation has changed and London, with its growing representation of listed hedge funds and fund of funds, has become a very attractive proposition for hedge funds," he added.

MW TOPS Limited was advised on Guernsey law by local law firm Carey Olsen and has appointed Guernsey-based Anson Fund Managers Limited as its administrator and company secretary and appointed Anson Registrars Limited as its registrar.

Christopher Crowcroft of Anson Registrars commented: “Brokering a workable solution between Euroclear and CREST, as the two electronic settlement systems for the stock exchanges involved, was a great challenge. This is the type of thing we at Anson are good at and enjoy doing – and the solution devised was well accepted by all parties.”

Phaunos Timber Fund is a Guernsey closed ended investment company focusing on timberland and timber-related investments. The fund, which has gross assets of some USD500mn, is managed by FourWinds Capital Management, the Guernsey legal advisers are Ozannes and Guernsey-based Anson Fund Managers Limited is the administrator and company secretary, with Anson Registrars Limited as the registrar.

Its Ordinary Shares were on 11th June migrated from AIM to the main LSE market but also remain listed on the CISX. It is also looking to raise up to USD1.6bn by one or more issue of C Shares.

Ian Burns, Executive Director of the Anson Group, said: “The proposal to increase the capitalisation of Phaunos Timber Fund Limited through a C Share issue reflects investors' appetite for alternative asset classes. These asset classes bring their own structural, accounting and technical issues but our experience with Phaunos has been that the Guernsey based professionals selected to support the company have more than demonstrated their ability to deliver the skills and knowledge demanded by such a complex fund.”

A comprehensive report in our Intelligence Report series examining offshore investment, offshore stock exchanges, trusts and hedge funds is available in the Lowtax Library at http://www.lowtaxlibrary.com/asp/subs_reports.asp and a description of the report can be seen at http://www.lowtaxlibrary.com/asp/description_report9.asp

 


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