Fund Set Up in Cyprus: A Practical Guide
This programme has been approved by the Cyprus Bar Association (CyBAR) for 5 accredited CPD units.
This seminar aims to provide participants the knowledge and understanding to be able to set up a fund in Cyprus from A to Z.
The Cyprus Fund Industry and the basic legal characteristics of AIF funds are examined so that participants can comprehensively understand every step of the process.
All set up stages are thoroughly analysed, including the application for authorization and the drafting of legal documents.
- To gain a general understanding of funds and their legal form and possible structures
- To be able to correctly assess client needs by suggesting the most suitable fund structure
- To understand the process of preparing and submitting an Application including the drafting of documents
- To get an insight of the post- authorisation, activation process
An Introduction to Cyprus Funds
- Timeline of Legal Developments in the Fund Sector in Cyprus
- An overview of the Funds Market today
- Illustrating the Prospects and Challenges of the Cyprus funds industry
An overview of the AIF Fund
- Description of the Legal Form and basic Characteristics
- Analysis of the various types of AIF funds, the structure and other classifications
- The main players in the fund industry and a brief overview of their respective roles
Setting Up the Fund
The below will be examined:
- Correctly assessing client needs and providing appropriate advice
- Creating the most suitable fund structure & assigning roles
- Set up the correct mechanics for the fund to be functional
- Pre-defining investment decision process/ strategy/objectives/risks/liquidity mechanisms etc.
- Investment Committees & their role
- Appointing the Fund Manager, Investment Advisor, Administrator, Custodian
Promotion of the Application
- The ‘Applicant’ and the ‘Application Promoter’
- Description of Application Process: Map
- Clearly defining roles and responsibilities in the Application Process
- Setting of the correct timeframe: Time optimization, the fast track procedure, measures to be proactive and save time in the process
- Letters of engagement, Applying for name, gathering documentation
- Efficient Liaising with the Regulator and the other involved parties
- Analysis of the Information to be filed with CYSEC together with the Application
- Explaining the Licensing ‘Documentation checklist’
Drafting of Documents & Filing the Application
- Drafting the Legal documents. Going through the Instruments of Incorporation, Partnership Agreement, Prospectus and Common Fund Rules.
- Analysing various significant clauses, their wording and their effect, identifying problems in their application etc.
- The Application Form. How to complete.
- Confirmations/Letters of Commitment by Fund Manager, Depositary etc.
- The personal questionnaires for directors and shareholders
- KYC and other supporting documents. What is accepted by the Regulator
- Financial Information: Financial statements /Pro-forma Budget
- Other documentation which may be required by CYSEC
- The proper Certification of documents
- Filing the Application and the supporting Documents
Post Authorization: Activating the Fund
- Communication of Authorization by CYSEC
- Description of the post- authorization Activation Process
- Corporate Documents and the Companies Registrar
- Service Level Agreements and filing with CYSEC
- Opening of Bank Accounts and operational meetings
- Minimum Initial Capital Deposit
- Obtaining ISIN, LEI, CFI codes
- Activation, Operations, Marketing and Distribution
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
The course is applicable to professionals employed within the Funds sector or those wishing to join the industry and who are particularly interested in the fund set-up process. These may include professionals from the fund sector such as fund managers and fund administrators or third party professionals involved or seeking to get involved in setting up funds such as lawyers, accountants and corporate service providers.