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How to Start and Grow a Hedge Fund in Asia by Carol Bonnett (Editor),Eleanor Bramah (Editor),Sarah Barham (Editor)
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How to Start and Grow a Hedge Fund in Asia [Paperback]

Sponsored by: Credit Suisse; Deacons and Ernst & Young

by Carol Bonnett (Editor) and Eleanor Bramah (Editor) and Sarah Barham (Editor)
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Description of How to Start and Grow a Hedge Fund in Asia

The third edition of How to Start and Grow a Hedge Fund in Asia is again sponsored by Credit Suisse,Deacons and Ernst & Young and brings together the latest information on market developments, as well as a country-by-country analysis of the regulatory frameworks governing the marketing of such funds.

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Title Information

ISBN:
9780978264529
Pages:
120 pages
Format:
Paperback
Product Code:
271042
Publisher:
ISI Publications
Published:
14/04/2008
Edition:
3rd Revised edition

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Contents of How to Start and Grow a Hedge Fund in Asia

1: Hedge Funds in Asia - An Overview
Peter Douglas CAIA, Principal, GFIA pte Ltd, Singapore

Overview
Geographic and strategy trends
Appetite for capital
Characteristics specific to Asian strategies

2: Structuring a Hedge Fund in Asia Using Offshore Centres
Rory Gallaher, Deacons, Hong Kong

The Cayman Islands
British Virgin Islands
Available fund structures
Limited liability company
Unit trust
Protected cell/segregated portfolio companies
Limited liability partnerships
Duties and responsibilities of the fund’s operators
The management company
Trustee/custodian
The administrator
Prime broker
Performance fees

3: Key Considerations in Selling Hedge Funds to European Investors
Stuart Martin, Dechert LLP, London

Public promotion and UCITS
Recent and current developments
The United Kingdom
Open-ended funds in the UK
Promotion of hedge funds in the UK
Marketing of hedge funds to UK-regulated funds
New developments in the UK
Austria
Belgium
Open-ended CIS
Closed-ended CIS
Denmark
France
Finland
Germany
Ireland
Italy
Luxembourg
Selling non-European hedge funds to European investors
Foreign hedge funds that are subject to the provisions of the Prospectus Law
Foreign hedge funds that are not subject to the provisions of the Prospectus Law
Norway
New developments in Norway
Portugal
Spain
Sweden
Switzerland
The Netherlands
Conclusion

4: Key Considerations in Selling Hedge Funds to US Investors
Adrienne M. Baker, Susan C. Ervin, John V. O’Hanlon and Karen L. Anderberg, Dechert LLP

1. The US: Securities and investment fund regulatory issues
Securities law considerations
Offering hedge funds privately to US investors
Summary
2. Key US tax considerations for US investors in non-US hedge funds
Non-US partnership
Non-US corporation
Mirror funds
Master-feeder funds
Summary
3. US regulatory issues for hedge funds engaging in derivatives
Commodity pool regulation
Key CPO registration exemptions
The Rule 4.7 exemption
Summary

5: Recent Developments in the Regulation of Foreign Hedge Fund Managers in Australia
Scott Charaneka and Gregory Wong, Deacons, Australia

Overview of Australian hedge fund industry
Regulation of hedge funds in Australia
What is the difference between a retail and wholesale investor?
Licensing exemption for general advice given by product issuer
Licensing exemption for foreign wholesale fund managers
Recent taxation developments for hedge funds in Australia
Alternative hedge fund structures
Conclusion

6: Marketing Offshore Hedge Funds to Japanese Investors
Yogo Kimura, Mori Hamada & Matsumoto, Tokyo

JSDA Rules
Contractual-type
Corporate-type
Disclosure requirements under the SE Law
Public offerings
Private placement to QIIs
Private placement to a small number of persons (shouninzu shibo)
Requirements
Private placement of newly-issued securities to a small number of persons (49 or less) together with a private
placement to 250 or less QIIs (kakudai shouninzu shibo)
Secondary sale (uridashi)
FSA filing required under the Investment Fund Law
Registration with the FSA
Registration of changes
Addendum

7: The Regulation of Hedge Funds in Hong Kong
Rory Gallaher, Deacons, Hong Kong

Offer to 'the public'

8: The Regulation of Hedge Funds in Singapore
Arnold Tan, Rajah & Tann LLP, Singapore

Introduction
Broad definition of a hedge fund in the Singapore regulatory context
Securities and Futures Act
Licensing of industry participants
Fund managers
Distributors/marketing agents
Regulations relating to the marketing and offering of hedge funds in Singapore
Definition of collective investment schemes
The marketing of hedge funds on a private or restricted basis
Marketing to the public in Singapore
Singapore collective investment schemes
Collective investment schemes outside Singapore
The Code for Collective Investment Schemes
Qualifications of the manager
Minimum subscription requirement
Disclosure requirements
Listing of hedge funds in Singapore
Listing on a tradable basis
Listing on a non-tradable basis
Recent developments

9: Marketing and Sale of Offshore Hedge Funds in Korea
Joon Park, Young-Man Huh and Pil-Kook Lee, Kim & Chang, Seoul

Introduction
Regulatory regime
Sales to only qualified investors
Sales to non-qualified investors
Eligibility of offshore hedge funds
Recent developments

10: Marketing of Hedge Funds in Taiwan
Sherry S. L. Lin, Lee and Li, Taipei

Regulations and regulators
Restrictions on marketing foreign funds in Taiwan
Public offerings
Private placements
Registration/approval requirements for a marketing entity
Public offerings
Private placements
Registration of numbers/types of investors in Taiwan
Conclusion

11: Use of the Internet in Marketing and Distributing Hedge Funds in Hong Kong
Karen Kaur, Deacons, Hong Kong

Use of the Internet for authorised hedge funds
Overview of regulatory regime
SFC's regulatory approach
Advertisements on the Internet
Offering authorised hedge funds on-line in Hong Kong
Electronic dealings
Communication with investors via electronic means
Use of the Internet for unauthorised hedge funds
Overview
The 'professional investor' exception
The 'private placement' exception
Use of the Internet for marketing unauthorised hedge funds in Hong Kong

12: Hedge Funds: An Accountant's Perspective
Florence Chan, Victor Yung, Ang Siew Lian, Lim Gek Khim, Tobias Lintvelt and Antoinette Elias, Ernst & Young

Introduction
A. HONG KONG
Factors to consider for the optimal structure of a hedge fund
Hong Kong taxes to consider
A typical hedge fund structure
Taxation of hedge funds in Hong Kong
Hong Kong established hedge funds
Overseas established hedge funds
Investors
The manager
The promoter
B. SINGAPORE
Income tax
General
Onshore funds
Taxation of an LLP in general
Taxation of unit trusts in general
Designated Unit Trust (DUT) Scheme
Offshore funds
Tax Exemption Scheme for Asset Management
Specified income and designated investments
Tax exemption of approved Singapore resident funds
Designated Unit Trust (DUT) Scheme
Stamp duty
Estate duty
Future development
C. JAPAN
Corporate structures
Purpose of the investment structure
Separate functions: Investment-related and management of investments
Various structuring alternatives
Incorporated form: Tokutei mokuteki kaisha (TMK)
Real estate investment trust (J-REIT)
D. AUSTRALIA
Regulatory restrictions on choice of vehicle
Overview of Australian taxation system
Ordinary income and deductions
Capital gains and losses
Accruals taxation
Managed investment schemes (MIS)
Taxation of a managed investment scheme
Taxation of distributions
Taxation of a company
Sale of shares
Other taxation issues

13: The Role of Independent Directors
Geoff Ruddick, International Management Services Ltd, Cayman Islands

Introduction
Duties: What are a director's duties?
Terminology: What do 'independent' and 'non-executive' mean?
Role: What do you do? Value-added: What value will you add?
Independence
Regulators, exchanges and tax authorities
Investor confidence
Service provider confidence, monitoring and conflict resolution
Approval of documentation and agreements
Jurisdictional/corporate governance knowledge and experience
So, where do you start?
Now, what should you be asking?
Conclusion


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