Herbert Smith: DIFC Investment Fund Rules
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The road to home finance has been a long one for the Kingdom, but with its highly anticipated mortgage law edging ever closer to ratification, would-be homeowners and financial institutions are gearing up for a new era of opportunity.
A reported US$600 billion worth of investment opportunity is up for grabs in the Kingdom between now and 2020, and with the country leading the region in the World Bank ease of doing business rankings, it’s attracting increasing interest.
The South-East Asian island has seen a number of distinctive developments come to fruition over the past few years as the country further establishes itself.
Following an extensive consultation process, the Dubai Financial Services Authority (DFSA) overhauled its investment fund regime in July 2010.
As the pre-eminent centre for financial services in the Middle East, the Dubai International Financial Centre (DIFC) plays host to a wide range of banks, asset managers and family offices in addition to a deep pool of professional advisers and service providers. In order to broaden its client base, a comprehensive regulatory regime was introduced in 2006 governing the domiciliation, management and marketing of investment funds. Rather than adopt the regulation-light approach favoured by offshore jurisdictions, the DIFC has aimed to emulate the approach of established onshore financial centres, with particular emphasis on the rules of the UK Financial Services Authority.
Generally speaking, the new Fund Rules aim to make the regime cheaper, more flexible and, in certain circumstances, less regulated. In particular, a new “Exempt Funds” regime was introduced to allow for lighter regulation of funds which are targeted at a small group of sophisticated investors. The Exempt Funds regime is likely to be the favoured choice for most sponsors and will be focused on here.
The new Fund Rules also make it easier for authorised persons and fund managers to market funds in or from the DIFC, including a new safe harbour for funds that meet the Exempt Fund criteria and which are marketed by way of private placement.
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