The hedge fund industry in Gibraltar has grown significantly over the last couple of years. Gibraltar, which is part of the EU, has staked its claim as an efficient hedge fund centre that is open for business. It operates within a regulated context a fund regime that is in tune with the requirements of the modern hedge funds industry and is not only attractive as domicile and servicing centre for alternative funds but could also lead to hedge fund managers choosing Gibraltar as a base for their operations.
History
Gibraltar has provided international financial services for over 35 years and has developed an excellent infrastructure, including all the conditions necessary to support international business of all types. Gibraltar joined the European Union in 1973 by virtue of the UK’s accession to the EU under the provisions of Article 299 Section 4 (ex-Section 227) of the Treaty establishing the European Community; the cited rule extends the provisions of the Treaty to those “European territories for whose external relations a Member State is responsible.” As an EU jurisdiction, relevant EU directives are transposed into local law by the Gibraltar parliament. Gibraltar enjoys passporting rights in financial services in the fields of banking, insurance and investment services. Due to the EU-status Gibraltar politically distinguishes from Jersey, Guernsey, or the Isle of Man, for which, by virtue of Article 299 Section 6 lit c) of the Treaty, that status of membership to the European Union does not apply.
Legal system
The legal system is based on English common law. However, Gibraltar can enact laws independent from the UK. A wide range of funds can be established in Gibraltar under the Financial Services Ordinance for the control of investment business. Opportunities exist for retail schemes and more specialised niche funds; attractive and flexible legislation enables the fund industry to establish a) Experienced Investor Funds (EIF) specially designed for hedge funds, private equity funds and property funds, b) UCITS-funds (investment funds established and authorised in conformity with the requirements of EU-Directive 85/611/EEC), c) non-UCITS retail funds and d) private schemes....
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