Fund Administration and Private Equity

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  • Through the first six months of 2007, total assets in fund of funds rose 15.8%. Total assets in fund of funds reached an estimated $1.28 trillion in 2007, estimated that 48% of all assets in hedge funds are allocated through fund of funds. The average fund of funds returned 7.2% , 9.8% annualized. Hedge funds domiciled outside of the U.S., or available to “offshore” investors, continue to attract assets at a faster rate than “onshore” funds. Total assets in “offshore” domiciled funds increased 28.5% in 2007, compared to a 12.5% increase for “onshore” funds. Total assets in “offshore” funds are an estimated $2.0 trillion compared to $655 trillion for “onshore” funds.
  • Fund Administration and Private Equity

    1. 1. Annual Bermuda Financial Services Conference Fund Administration and Private Equity 30 September 2008
    2. 2. Is Perception The Reality? How Is The Hedge Fund Market Serviced Hedge Fund Hot Topics The Bermuda Value Proposition 1 2 3 4
    3. 3. PERCEPTION VERSUS REALITY
    4. 4. <ul><li>“… Bermuda seems to be closed for business…” </li></ul><ul><li>“… Bermuda is too regulated…” </li></ul><ul><li>“… Bermuda takes too long to establish an hedge fund, other jurisdictions are easier…” </li></ul><ul><li>“… between all the third party service providers, Bermuda is too expensive…” </li></ul><ul><li>“… cannot find quality good people in Bermuda…” </li></ul><ul><li>“… I can do everything in Cayman, which is easier for my business…” </li></ul>The ‘Bermuda’ Perception
    5. 5. How was the ‘Bermuda’ Perception Born? Aggressive Offshore Jurisdictions seeking business US & Offshore Lawyers Investment Managers seeking less onerous regulatory environments Global service providers adopting the same mindset
    6. 6. The ‘Bermuda’ comparison British Virgin Island Tax Neutral environment Politically and economically stable Simple and flexible system of regulation and control No regulatory restrictions on investment policy or fees No requirement to appoint directors Need to incorporate in BVI Set up and maintenance costs are low Fast track set up Bermuda Tax Neutral environment Politically and economically stable Reputation for robust effective regulation No regulatory restrictions on investment policy or fees Flexibility over the appointment of directors, secretaries and resident representatives Need to incorporate and register in Bermuda Set up and maintenance costs are low Fast track set up, if required Robust AML policies Cayman Islands Tax Neutral environment Politically and economically stable Reputation for lighter regulation No regulatory restrictions on investment policy or fees Requirement to appoint directors, but not local Apart from an auditor there is no mandatory local service provision Set up and maintenance costs are low Fast track set up
    7. 7. SERVICING THE HEDGE FUND MARKET
    8. 8. Global Segmentation of the Hedge Fund Market Source: Hedge Fund Net
    9. 9. What can your Hedge Fund Administrator offer Incorporation & Formation Services Domestic & Offshore Fund, Portfolio and Partnership Accounting Services Investor & Treasury Services Corporate Governance & Company Secretarial Services
    10. 10. Extended services solutions (Large Administrators) Risk & Compliance platform Banking /Credit Solutions Trading Solutions Custody Solutions
    11. 11. A Fully Integrated Technology Platform Fiduciary & Directorial Services Fund, Portfolio and Partnership Accounting Services Investor Services Company Secretarial Services
    12. 12. Fund Administrators Banks, PBs & Custodians Onshore & Offshore Lawyers Auditors The collaborative approach?
    13. 13. Servicing every type of Investment Mandate Aggressive Growth Distressed Securities Income Private Equity Macroeconomic Market Neutral Opportunistic Special Situations Emerging Markets OTC Methodologies Hedge Funds √ √ √ √ √ √ √ √ √ √ Fund of Funds √ √ √ √ √ √ √ √ √ √ Mutual Funds √ √ √ √ √ √ √ √ √ √ Pension Funds √ √ √ √ √ √ √ √ √ √
    14. 14. Administration Challenges in Bermuda The Administration Challenges? Bermuda Cost Containment Managing internal expansion Offshoring Staff Retention Immigration IT Systems
    15. 15. BERMUDA / INDUSTRY HOT TOPICS
    16. 16. <ul><li>Bermuda introduces new Investment Funds Act </li></ul><ul><li>The Companies Amendment Act 2006 </li></ul><ul><li>Fair Value Measurement </li></ul><ul><li>Guidelines for the valuation of hedge fund investments </li></ul>Hedge Fund ‘Hot’ Topics
    17. 17. <ul><li>The Investment Funds Act 2006 came into effect on 7 March 2007 </li></ul><ul><li>Covers the regulation and supervision of mutual fund companies, unit trusts and limited partnerships established in Bermuda </li></ul><ul><li>The new legislation represents risk-based regulation that is a key character of the Bermuda jurisdiction </li></ul><ul><li>No person shall operate a fund in or from Bermuda unless the fund has been authorised under the Act or is exempt </li></ul><ul><li>The Act also provides a new licensing regime for fund administrators </li></ul><ul><li>It is now an offense to carry on administration in or from Bermuda without being licensed under the Act </li></ul>Hedge Fund ‘Hot’ Topics - Investment Funds Act -
    18. 18. <ul><li>Changes in minimum share capital </li></ul><ul><ul><li>There is no longer a minimum share capital requirement </li></ul></ul><ul><ul><li>Bermuda companies can now hold Treasury shares </li></ul></ul><ul><li>Unrestricted corporate objectives </li></ul><ul><ul><li>The Act allows a company to have unrestricted objects and powers within its Memorandum of Association </li></ul></ul><ul><li>Change in requirements for execution of documents </li></ul><ul><ul><li>The ‘unanimous’ requirement of written resolutions has now been cancelled and an effective resolution can now be passed by the same majority of voting shareholders as would be required had a physical meeting been held </li></ul></ul><ul><li>Executing deeds and documents under witnessed corporate seal is now optional as opposed to mandatory </li></ul><ul><li>E-friendly initiatives </li></ul><ul><ul><li>The Act has ‘e-enabled’ certain filing, notice and voting requirements helping to improve the speed and effectiveness of corporate compliance </li></ul></ul><ul><ul><li>The voting process has been modernized whereby the Act allows for a show of hands to be supplemented by the communication and counting of votes received </li></ul></ul>Hedge Fund ‘Hot’ Topics – The Companies Amendment Act -
    19. 19. <ul><li>Effective for fiscal years beginning after November 15, 2007 </li></ul><ul><li>FAS 157 establishes a single authoritative definition of fair value, sets out a framework for measuring fair value and requires additional disclosures about fair value measurements </li></ul>Hedge Fund ‘Hot’ Topics – Fair Value Measurement - Hierarchy of Inputs to Valuation Techniques Reliability Level Input               Level 1 Quoted prices in active markets for identical assets or liabilities.     Level 2 Observable prices in active markets for similar assets or liabilities.     Prices for identical or similar assets or liabilities in markets that are not active.         Directly observable market inputs for substantially the full term of the asset     or liability, e.g. interest rates and yield curves are commonly quoted intervals,   volatilities, prepayment spreads, default rates and credit spreads.           Market inputs that are not directly observable but are derived from or corroborated   by observable market data.         Level 3 Unobservable inputs based on the reporting entity's own assumptions  
    20. 20. <ul><li>A chief concern for investment managers of hedge funds and those charged with the governance is the process for valuation of complex, illiquid financial instruments such as distressed securities, OTC structured noted and private equity investments. </li></ul><ul><li>The valuation policies and practices of hedge funds should be documented and approved by the board of Directors </li></ul><ul><li>The Valuation Policy should include a hierarchy of pricing sources that are to be used. </li></ul><ul><li>The Valuation Policy should be regularly reviewed and updated, as required, taking account of different scenarios. </li></ul><ul><li>The Board of Directors should appoint an independent Valuation Service Provider to mitigate any conflicts of interest and to segregate the responsibility of the valuation process with the investment process. </li></ul><ul><li>Where the investment manager is involved in the valuation process controls should be established to address conflicts of interest and the managers involvement should be disclosed to shareholders </li></ul><ul><li>The valuation of the fund’s portfolio should be based on multiple pricing sources and, where broker quotations are used, such quotations should be sourced by the independent Valuation Service Provider </li></ul>Hedge Fund ‘Hot’ Topics – Valuation of investments -
    21. 21. Hedge Fund ‘Hot’ Topics – Convergence - Gating restrictions, strategy diversification, institutionalization, side pockets, blurring of the lines between hedge funds, private equity and long only funds are just a subset of the issues arising from this transformation.
    22. 22. THE BERMUDA VALUE PROPOSITION
    23. 23. Why Bermuda ?
    24. 24. Our credibility is built on the stability, professionalism and expertise of a large organization combined with the flexibility, autonomy and character of a small boutique. The ISIS Fund Services Credibility Exceptional Client Service Tailored Services
    25. 25. Thank you

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