Key Points to Consider When Establishing a Fund

Aug 06, 2023


Setting up an overseas fund can be a thrilling yet challenging adventure, whether you're an experienced fund manager with global know-how or a bold startup team venturing into uncharted territories. Amid the excitement, it's essential to grasp the intricate dance of the establishment process and its key elements. It's true; what others call "simple" might feel like a labyrinth of complexities when it's your turn to tread the path. But fret not! Embracing the heart of the matter is the key to navigating these challenges with finesse. Today, we're sharing nine crucial factors to pave your way to success while establishing an overseas fund, with a focus on open-end net asset value products.


🏝️ Fund Domicile 🏝️

Most overseas funds find solace in the serene waters of offshore jurisdictions, and the Cayman Islands stand tall as the perennial favorite. Yet, in this ever-evolving world, other bustling Asian financial centers like Hong Kong and Singapore join the fray with their domestic fund structures. So, which siren's call will you heed?


When making this critical choice, consider these priorities:

1.Investor preferences: Unravel the allure of investors towards Hong Kong or their embrace of funds from distant shores. Tax costs, privacy, and security - all factors weigh in.

2.Management team preferences: Delve into the aspirations of your seasoned team. Do they seek familiarity, or is there an allure in exploring uncharted terrain?


💡Tip: For first-time ventures abroad without specific domicile requirements, consider traditional fund jurisdictions. These have more users, facilitating comparisons and providing more reference cases.


🗺️ Fund Structure 🗺️

Once you've charted your course to the "fund domicile," the next challenge awaits: selecting the right fund structure (remember, it influences establishment costs!). Your choices abound:

1.Single-strategy standalone fund: A solitary vessel, bearing one strategy or multiple, sets sail.

2.Multi-strategies: An armada of independent sub-products, each with its distinct strategy, braves the markets. (Ahoy, increased costs?)

3.The allure of American shores: Will you welcome subscriptions from US investors on board? (Ahoy, more costs!)


💡Tip: After deciding on the fund domicile, it becomes easier to choose the fund structure. Most open-end funds typically use a corporate fund structure, such as SPC or Standalone in the case of the Cayman Islands.


🌱 Investment Strategy 🌱

The foundation of your fund voyage rests on a well-defined investment strategy. This treasure maps your journey through:

Crafting the fund structure

Guiding fund service providers in pricing

Navigating the waters of bank account opening

Drafting your legal documents


💡Tip: While most overseas funds do not restrict investment strategies, it's recommended not to mix securities and equity investments in the same fund vehicle to avoid operational complications (valuation and redemptions, etc). If issuing multiple independent sub-funds, be mindful of the operational costs, as each product incurs service fees.


📅 Subscription/Redemption Frequency and Valuation 📅

Time and tide wait for none, and neither do the rhythms of overseas open-end funds. Their monthly valuation dances in harmony with the subscription/redemption frequency. Watch out for the ebb and flow of costs with:

Tides of high trading volume

Rhythms of frequent valuations

Intricacies of complex fee structures

Mysteries of non-standard assets (OTC, private debt)

Enchantment of dividend distributions


💡Tip: Higher valuation frequency usually means higher service fees. Standardized fee structures differ slightly across your fund services providers, but be aware that specific structures may incur additional costs.


💲 Minimum Subscription Amount 💲

In the Cayman Islands, for instance, the gateway to this overseas realm, the minimum initial subscription usually starts at $100,000. Can you alter the threshold of treasure seekers? You could, but you have to consider all pros and cons.


💡Tip: Most fund jurisdictions categorize investors, and alternative investment funds usually only accept subscriptions from qualified investors, with most minimum subscription requirements being around $100,000 (approximately). Lowering this amount to accept a wider range of investors requires meeting additional regulatory requirements, this may potentially increasing operating costs.


💼 Regulatory Status 💼

In today's labyrinth of global regulations, a financial license is the compass to navigate these waters. For overseas fund managers and advisors, it's a crucial beacon. Whether you chart your own course or seek established channels, budgeting for this is a must.


💡Tip: Most fund managers in the Asia-Pacific region apply for asset management licenses in Hong Kong or Singapore or collaborate with licensed institutions. Almost all banks in Hong Kong and Singapore require fund managers/advisors to be licensed. Ensure to include this in the budget when planning overseas fund issuance.


⏳ Timeline ⏳

A shipshape plan is your anchor to success! A voyage to establish an overseas fund takes time - a journey of 2-3 months from inception to investments. As the captain of your vessel, dive deep into each aspect, including:

Reviewing documents with a discerning eye

Seamlessly opening a bank account

Learning the currents of fund payment processes

Navigating the charted waters of KYCAML and fund compliance

Setting sail with investor expectations


💡Tip: Avoid rushing the fund establishment process, as unforeseen circumstances may arise. Especially opening bank accounts can be challenging to control. Communicate thoroughly with your fund administrator at each stage (e.g., opening period, closing date, payment date, trading date). Also, do not skip reading the subscription process, payment process, and KYC requirements provided by the administrator. You must have a basic understanding of these.


💰 Costs 💰

Controlling costs steers your ship towards smoother sailing. The establishment of a conventional Cayman fund structure often incurs tens of thousands of dollars in setup expenses. Wise sailors plan their course before lawyers draw the maps, avoiding costly changes that might prolong the journey.


💡Tip: When comparing different service providers, you will notice varying quotes due to different practices. An efficient method to navigate could be "focus on the big picture, overlook minor differences." Standardized services usually have little variation (e.g., company incorporation, secretary services, registered address, etc.). The significant costs are linked to fund factors (e.g., legal fees, administrative fees, audit fees, etc.). Don't forget that banks in many jurisdictions charge once-off account opening fee!


💼 Find Your Guide 💼

Every seafaring adventure requires a wise navigator, responsive and patient. Seek a seasoned fund administrator or a licensed institution offering fund advisory services in Hong Kong. Cast your net for recommendations from industry peers; you'll find your guiding light.


💡Tip: The fund administrator, normally dealing with numerous key tasks in the middle and back offices, must become your most reliable partner throughout the fund's lifecycle. So, they need to be highly dependable. When dealing with fund operations, it is always advsible to have conversations with the fund administrators. Finding an administrator with comprehensive knowledge, prompt responses, efficient execution, and a strong network of service providers will greatly assist in establishing and operating your fund.


✨ The journey to establish a fund is an exhilarating voyage, and each element guides you to success. Embrace the complexities and chart your course wisely. Discover a world of opportunities and set sail towards prosperity! 🚢💫

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