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Capital Markets / Hedge Funds

In recent years, hedge funds have become a significant alternative investment model for investors, entrepreneurs, and former managers of institutional entities in Israel.

The hedge funds sector is going through a significant growth period, and the volume of assets in this sector is continuing to grow at a rapid pace during 2018 as well.

 

The industry, which includes dozens of hedge funds registered in Israel, the Cayman Islands, Delaware, and other locations, is not subject to any direct regulatory supervision. However, the hedge fund model still requires a complex legal structure that differs materially from the traditional investment models that were previously known in capital markets.

 

Our firm provides comprehensive legal services to local hedge funds registered abroad. Our services include all stages of the process, from the initial establishment of the fund, drafting its articles of association, through to the preparation of management agreements, investment agreements, and agreements with various trustees. We also advise on an array of tax matters pertinent to hedge funds.

 

Although the founding of a hedge fund is not subject to Israeli law, when hedge fund managers seek investors in Israel, the fund must comply with the regulatory rules that apply to communications with potential investors and to the marketing of hedge funds in Israel. Barnea has extensive experience in this field and routinely assists hedge fund managers with these activities.

 

As part of our work in the field, our firm serves as the legal advisor to the Israel Hedge Funds Association, a nonprofit organization that aims to represent and promote the common interests of those engaged in the hedge funds industry vis-a-vis the Israeli government and various government ministries.

 

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News and updates - Capital Markets / Hedge Funds:


November 18, 2020

New Investment Products: Hedged Mutual Funds and Hedged Mutual Funds of Funds

With the goal of expanding the public's investment options, the Israel Securities Authority published in February 2020 a first draft of a document for public comments on the core characteristics of two new financial products: alternative mutual funds of the hedge fund type and hedged mutual funds of funds.

November 11, 2020

Dr. Zvi Gabbay Lectures on Distribution and Marketing of Hedge Funds

Dr. Zvi Gabbay lectured today on the distribution and marketing of hedge funds as part of a virtual conference held in collaboration with the Israel Hedge Funds Association and the international law firm Katten Muchin Rosenman.

October 15, 2020

Cayman Islands Removed from EU “Non-Cooperative Tax Jurisdiction” Blacklist

In late March 2020 we published a note regarding the de-facto “downgrade” of the Cayman Islands by the European Union’s Economic and Financial Affairs Council (ECOFIN) as a “non-cooperative jurisdiction” for tax purposes. This was regarded by the international investment community as a “blacklisting” of the Cayman Islands. We noted then that this blacklisting was “a technical result of the delay in the enactment of [certain Cayman Islands] laws, and therefore it is expected the EU will agree to return the Cayman Islands to its previous status and remove it from the list of the list of “non-cooperative jurisdictions” as early as by October 2020.”  Indeed on October 6, 2020, ECOFIN removed the Cayman Islands from its “blacklist” of non-cooperative jurisdictions in tax matters.

Capital Markets / Hedge Funds

In recent years, hedge funds have become a significant alternative investment model for investors, entrepreneurs, and former managers of institutional entities in Israel.

The hedge funds sector is going through a significant growth period, and the volume of assets in this sector is continuing to grow at a rapid pace during 2018 as well.

 

The industry, which includes dozens of hedge funds registered in Israel, the Cayman Islands, Delaware, and other locations, is not subject to any direct regulatory supervision. However, the hedge fund model still requires a complex legal structure that differs materially from the traditional investment models that were previously known in capital markets.

 

Our firm provides comprehensive legal services to local hedge funds registered abroad. Our services include all stages of the process, from the initial establishment of the fund, drafting its articles of association, through to the preparation of management agreements, investment agreements, and agreements with various trustees. We also advise on an array of tax matters pertinent to hedge funds.

 

Although the founding of a hedge fund is not subject to Israeli law, when hedge fund managers seek investors in Israel, the fund must comply with the regulatory rules that apply to communications with potential investors and to the marketing of hedge funds in Israel. Barnea has extensive experience in this field and routinely assists hedge fund managers with these activities.

 

As part of our work in the field, our firm serves as the legal advisor to the Israel Hedge Funds Association, a nonprofit organization that aims to represent and promote the common interests of those engaged in the hedge funds industry vis-a-vis the Israeli government and various government ministries.

 

Back to Capital Markets

Key partner

P. Banking & Finance, Capital Markets, FinTech, Regulation

News and updates - Capital Markets:


November 18, 2020

New Investment Products: Hedged Mutual Funds and Hedged Mutual Funds of Funds

With the goal of expanding the public's investment options, the Israel Securities Authority published in February 2020 a first draft of a document for public comments on the core characteristics of two new financial products: alternative mutual funds of the hedge fund type and hedged mutual funds of funds.

November 11, 2020

Dr. Zvi Gabbay Lectures on Distribution and Marketing of Hedge Funds

Dr. Zvi Gabbay lectured today on the distribution and marketing of hedge funds as part of a virtual conference held in collaboration with the Israel Hedge Funds Association and the international law firm Katten Muchin Rosenman.

October 15, 2020

Cayman Islands Removed from EU “Non-Cooperative Tax Jurisdiction” Blacklist

In late March 2020 we published a note regarding the de-facto “downgrade” of the Cayman Islands by the European Union’s Economic and Financial Affairs Council (ECOFIN) as a “non-cooperative jurisdiction” for tax purposes. This was regarded by the international investment community as a “blacklisting” of the Cayman Islands. We noted then that this blacklisting was “a technical result of the delay in the enactment of [certain Cayman Islands] laws, and therefore it is expected the EU will agree to return the Cayman Islands to its previous status and remove it from the list of the list of “non-cooperative jurisdictions” as early as by October 2020.”  Indeed on October 6, 2020, ECOFIN removed the Cayman Islands from its “blacklist” of non-cooperative jurisdictions in tax matters.

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