British Virgin Islands: BVI Incubator Funds: A Tailor-Made Solution For Start-Up Managers

02/09/2015

Article by Andy Randall, Marianne Rajic and Paul Waldron

Walkers

The introduction of the new BVI incubator fund product in June of this year has caught the attention of start-up fund managers.

The incubator fund builds on the existing attractions of the BVI fund regulatory regime. As a jurisdiction BVI is already recognised for its competitive fund establishment and operating costs, speedy regulatory approval and a light-touch regulatory approach. However the incubator fund has been specifically developed with the needs of start-up managers in mind and, as managers are discovering, it has a number of key features which combine to make it more attractive than alternative fund start-up vehicles.

These key features include:

  1. no requirement to issue an offering document or to appoint an administrator, custodian, manager or auditor, which considerably simplifies the fund establishment process and reduces ongoing running costs;
  2. incubator funds also benefit from low regulatory costs – incorporation fees payable to the BVI registry and application fees payable to the Financial Services Commission ("FSC") start at $1,850, and annual registry and FSC fees start at $1,350;
  3. incubator funds can be brought to market very quickly – they may commence business on the third business day after submitting a complete application to the FSC; and
  4. incubator funds may be marketed to a broad range of investors with a relatively low minimum initial investment of just $20,000 per investor.

These features allow start-up managers a window of two years (with the possibility of a one year extension) to focus on establishing a track record and marketing their fund to investors, with a minimum of regulatory distraction and at a very competitive price point.

The incubator fund regime also facilitates the straightforward conversion of an incubator fund into a private, professional or approved fund at the end of its term. In the case of conversion into a private or professional fund (both of which require the appointment of a manager) the manager can also avail of the BVI approved manager regime which combines regulated status and light touch regulation with a fast approval process and cost effective establishment and operation.

Walkers has seen significant interest in the incubator fund regime from start-up managers and fund consultancies alike. The approved fund regime has certainly put BVI firmly on the radar for start-up managers.

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