Our valued sponsor

Question Where is the least regulated Collective Investment jurisdiction?

seabreeze

Member Plus
Apr 4, 2021
69
67
18
Luxembourg
Greetings fellow offshorecorptalkians !

I am working on a project where an unregulated, unregistered "fund-like" entity needs to be "legalized".

Most "investors" have contributed small amounts.

Are there any "obvious" jurisdictions which don't regulate collective investments (or don't define minimal investment amounts for qualified investors)? Maybe packaging as CFD's, Foundations, Micro-Securities, Notes etc. is an option that someone may be aware of, somewhere.

Thanks for any tips in advance.
 
  • Like
Reactions: GameBoy
If you've taken funds from Canadian's, American's, etc it doesn't matter where you place the company, you have to abide by regulations in those respective jurisdictions.

Meaning you need to register in the US/Canada.

This is true and if you do marketing to EU, UK, etc. then you need to register. Even "pre marketing" needs registration in EU unless you wait 18 months.

"Reverse solicitation" has been tightened up a lot, but there are some cases where a group of people have some existing connection and want to invest collectively. This might not require registration for some investor jurisdictions, but it's hard to work out the type of entity or jurisdiction for the fund.
 
Do you intend to do marketing for investors? If you are a small number of investors and are mostly coming together from a mouth to.mouth process i.e. no formal marketing etc. then you could very well set up an ltd in a common law jurisdiction and issue shares to investors. The jurisdiction should preferably have mandatory annual accounting and audit requirements so you can account for and disclose results to investors.