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Alternative Market Briefing

Other Voices: Anguilla, BWI: An effective and user-friendly jurisdiction for offshore hedge funds

Monday, November 21, 2005

In 2004, Anguilla enacted its Mutual Funds Act ("the Act") which seeks to establish the jurisdiction as a domicile for offshore hedge funds. The Act provides for the recognition of private and professional funds, registration of public funds and licensing of fund managers and administrators. To distinguish itself from other jurisdictions, Anguilla chose to create a streamlined process for handling applications. Law firms, fund administrators and other service providers with a proven track record in the setting up of hedge or other funds can apply to the Anguilla Financial Services Commission (AFSC) to gain a fast-track status known as qualified fund administrator/intermediary (QFAI) which allows them to launch hedge funds prior to review by the AFSC provided they adhere strictly to guidance issued by it. The guidance details are to be found on the AFSC's website: www.fsc.org.ai. The AFSC will conduct a regulatory review within 30 days of the launch of the fund, post facto, to ensure that the QFAI exercised its prerogative properly. If it fails to do so, then the recognition or registration will be revoked and the QFAI will lose its status. So far one service provider has been granted the QFAI status but there is increased interest being shown by others.

Using Anguilla's online company formation network, ACORN, which allows for the formation of an international company 24 hours a day 365 days a......................

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