European Institute of Management and Finance | Fund Sector in Cyprus: A Legal Overview of the AIF
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Fund Sector in Cyprus: A Legal Overview of the AIF

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Fund Sector in Cyprus: A Legal Overview of the AIF

 

In the last few years, Cyprus has grown to be one of the fastest emerging fund markets in Europe.

 

The passing of the Alternative Investment Fund Laws of 2014 and 2018, and the transposition of the UCITS IV Directive into domestic Law in 2012 have harmonized the local regulatory framework in line with the EU fund regulations, increasing the country’s competitive position and opening the market for the setup of Cyprus funds which can be marketed domestically and in the EU.

 

With a market now built on strong legal foundations, the business environment is created for fund managers, custodians, and administrators to operate and with their significant contribution the Cyprus fund market shall continue developing. On 10 July 2018, the Cyprus Parliament approved Law 126 p1/2018 which introduced the RAIF and added new requirements for AIF Funds such as the minimum assets requirement. Furthermore, it clarified the AIF Law with various amendments.

 

Participants of this seminar will be given the opportunity to gain an overview and understanding of the Cyprus Fund Sector from a legal and operational perspective. The various legal provisions will be analysed and their practical application illustrated.

 

 

Training Objectives

 

  • To gain an insight of the AIF Market in Cyprus
  • To understand the legal regime in relation to funds and the basic legal characteristics of the AIF Fund
  • An analysis will be given of the main regulatory provisions for AIF Funds, their operation and the role and responsibilities of the primary players in the AIF Market
  • Other matters relating to funds will be examined, such as Taxation and AML & Compliance

 

 

Training Outline

 

An Overview of the Cyprus Funds Industry

  • The Historical Background
  • The Funds Market Today in Cyprus
  • The Prospects and the Constraints

 

The Legal Regime of the Funds in Cyprus

  • The Role of the Law and the Aims it seeks to Pursue
  • The Scope of Application of the Law and the Constraints
  • The new AIF Law 2018
  • The Role of the Regulator

 

A Thorough Analysis of the main Regulatory Provisions for AIF Funds and their Operation in Cyprus

  • Definitions and Terminology
  • Legal Form: The VCIC, The Common Fund, The Limited Partnership
  • Structure and Classification: the RAIF, Open Ended/ Closed Ended, Single Funds/Umbrella Schemes, Self-Managed/ Externally Managed, UNPs/LNPs, Listed/Non-Listed
  • Authorisation / Registration (RAIF)

 

Operation & Organisation of AIF Funds: Common Provisions

  • Minimum Initial Capital, Minimum assets
  • Registered Office
  • Assets entrusted to Depository
  • Management and Administration
  • Investment Policy
  • Risk Management
  • Valuation of Assets & NAV
  • Subscriptions/Redemptions of Units
  • Marketing and Distribution of Units
  • Dissolution and Liquidation

 

An introduction of the Primary Roles in the Funds industry and an extensive insight in their respective responsibilities and operation

  • The AIF Fund Manager (AIFM)
  • The Depositary
  • The Compliance Officer
  • Other significant players in the Fund Industry

 

Taxation and the effect of CRS on Funds and their Investors

  • Basic Tax provisions
  • The new tax provisions introduced by AIF Law 2018
  • The Common Reporting Standards and the CR 

 

AML and Compliance in the Funds Sector

  • Systems and Procedures
  • Customer Due Diligence
  • The Risk Based Approach
  • Investor Compliance/Documentation Requirements
  • The Compliance Function – Duties and Responsibilities of a Compliance Officer
  • AML and Compliance Reporting
  • The 4thAML Directive and a brief description of some basic developments it brings

 

The latest Legal Developments and a critical approach on their effect in the Industry: The Introduction of

  • ‘The Mini Manager’
  • ‘The new Administrators’ Regulation’

 

 

Training Style

 

The programme’s context and educational material will be illustrated and explained to participants in detail. Questions by participants will be answered throughout. Real time examples and document samples will be provided, where available. In certain occasions, participants will be more interactively involved through an exchange of views and personal professional experiences.

 

 

Who Should Attend

 

This course is applicable to all professionals employed in the Fund Sector or seeking to join the Fund Industry such as Fund Managers, Fund Administrators, Compliance Officers, Depositories, Risk Managers or third -party professionals such as Lawyers, Accountants and fiduciary Service Providers, who wish to gain an insight into Cyprus Funds Law and the Cyprus Funds Industry.