Mourant du Feu & Jeune, part of Mourant, recently became the first law
firm to establish an unregulated fund in Jersey, it announced this week.
There are two types of unregulated fund: Unregulated Eligible Investor Funds
and Unregulated Exchange Traded Funds. An Unregulated Eligible Investor
Fund may be open or closed-ended, and may only be offered to Eligible Investors.
An Unregulated Exchange Traded Fund must be closed-ended and listed on one
of the exchanges and markets approved by the JFSC. These include the London
Stock Exchange, AIM, the Irish Stock Exchange and the Channel Islands Stock
Exchange.
Mourant du Feu & Jeune set up two Unregulated Exchange Traded Funds in
the first week of the launch of the new regime in March this year.
Each
fund vehicle is a protected cell created by a Jersey protected cell
company which was established to issue structured equity products
in the form of preference shares.
Both funds have issued shares that are designed to provide a return linked
to the performance of a proprietary market neutral index over a three year period.
The funds are sponsored by one of the world's leading investment banks and
administered in Jersey by Mourant & Co. Limited.
The shares are listed
on the Channel Islands Stock Exchange with Mourant Capital Markets Services
Limited appointed as listing sponsor.
Unregulated funds are seen as extremely attractive for promoters targeting
sophisticated and high net worth investors, according to Mourant.
“The new regime has a lightness of touch and flexibility which is similar,
and in some aspects superior to, the equivalent regimes offered by Caribbean
and other offshore jurisdictions,” announced Jonathan Rigby, partner at Mourant
du Feu & Jeune who, together with senior associate, Michael Williams, was
responsible for setting up the first unregulated fund.
“Unregulated funds are generating considerable interest amongst European-based
alternative asset managers and are likely to drive further growth in the island’s
fund industry,” Mr Rigby added.
Jersey’s continued growth in funds under administration to almost GBP250bn
last year has been driven, in large part, by the introduction of expert funds
in 2004 and listed funds in 2007.