Investment Fund Lawyers Gibraltar

Gibraltar is one of the world’s most respected offshore financial centres, offering a mature, favourable tax environment for investment funds. Its competitive cost structure also establishes it as a worthwhile consideration versus established jurisdictions like the Cayman Islands.

The Gibraltar Financial Services Commission (GFSC) provides complete oversight whilst maintaining a proportionate approach to regulation. Gibraltar’s investment fund laws, established since 2005, offer complete stability and regulatory certainty that provides reassurance and peace of mind to international investors.

Structuring investment funds in Gibraltar is a remarkably efficient process, with Experienced Investor Funds (EIFs) able to be launched without regulatory pre-approval. By extension, fund managers can capitalise on market opportunities without a wealth of cumbersome delays. As a result, Gibraltar investment funds can be set up in as little as 6 to 8 weeks.

Gibraltar’s tax-neutral environment eliminates the need to pay capital gains tax (CGT) and VAT, not to mention the ability to withhold tax on distributions. This makes Gibraltar highly attractive for investment fund structures, which can be established as tax-neutral or transparent entities.

Choose Hassans as Your Investment Fund Partner

As a renowned, accredited investment funds law firm in Gibraltar, Hassans has been at the forefront of the jurisdiction’s industry evolution since its inception. Our specialist funds team, led by Partner Aaron Payas, CFA, provides comprehensive legal services covering the entire lifecycle of an investment fund.

Our Investment Fund Services

We can help set up and structure funds to support your long-term financial goals, forming the right one(s) based on what will give you the best returns and minimise your liabilities. This range of services includes:

• Expert advice on optimal investment fund structures
• Regulatory compliance and GFSC registration
• Corporate document drafting (memoranda and articles of association)
• Comprehensive offering memoranda preparation

• Investor qualification and protection measures
• Cross-border regulatory coordination
• Ongoing legal and compliance monitoring

• Introduction to qualified fund administrators
• Auditor and company secretary appointments
• Banking relationship facilitation

Types of Investment Fund Structures

Gibraltar offers investment fund managers several fund structures, which are easy to navigate and understand.

Experienced Investor Funds (EIFs)

EIFs are GFSC-regulated funds designed for experienced or high-net-worth investors. There are several benefits of setting up an EIF in Gibraltar:

• An EIF can be invested across any asset class without restriction
• The fund can be launched without regulatory pre-approval
• There are flexible fee structures and investment strategies
• There are options for tokenisation through approved technology providers
• Additional investors can participate with cell subscriptions

An EIF can be structured as:

• A private limited company
• A Protected Cell Company (PCC)
• A limited partnership
• A Protected Cell Limited Partnership (PCLP)

PCCs and PCLPs

PCCs enable investment fund managers to create separate sub-funds with distinct strategies and fee structures.

PCLPs allow the creation of the same diverse sub-funds and fee structures, but are governed under a partnership agreement entered into between the general partner and the limited partner(s) of the fund.

This structure proves particularly valuable for multi-strategy investment funds or managers operating diverse investment approaches.

Private Funds

Gibraltar offers investment fund managers the chance to set up private funds. These must be registered with the GFSC, but are not authorised or licenced by this body. Private funds may be invested across any asset class and must be established as limited companies or partnerships, and cannot be structured as a PCLP or PCC. A private fund in Gibraltar limits the number of people to whom the offer of shares can be communicated to 50. Such funds will remain private for at least a year after the date that the offer is made, after which it can be optionally converted into a regulated EIF.

Why Choose Hassans as Your Investment Fund Lawyers?

Our investment fund solicitors have helped establish hundreds of Gibraltar funds, including crypto funds. We understand the nuances of complex investment fund setup and structuring, and we are best placed to offer personalised, tailored advice that will suit you and your requirements.

Hassans consistently achieves top-tier rankings in Legal 500 EMEA for Gibraltar, confirming our position as the jurisdiction’s leading investment fund lawyers.

As a full-service law firm, Hassans provides integrated legal support across all aspects of investment fund operations, including (but not limited to):

• Corporate and commercial law
• Regulatory compliance
• Tax structuring
• Employment law for fund operations
• Litigation support where required

We believe in providing end-to-end, personalised services to clients, focusing on speed, efficiency, and compliance. We take the time to ensure that each investment fund manager receives the best possible tailored legal support that meets their needs.

Why Choose Gibraltar for Offshore Investment Funds?

• Gibraltar is a common-law jurisdiction within the European time zone, giving fund managers access to European markets whilst maintaining EU regulation independence.
• Setting up an investment fund in Gibraltar involves respectable setup fees and minimal ongoing operational costs, unlike higher-cost jurisdictions.
• Gibraltar’s established financial services infrastructure, supported by the Gibraltar Funds & Investments Association (GFIA), provides investment funds with access to experienced service providers.
• Given the UK’s withdrawal from the EU, Gibraltar is also free from the Alternative Investment Fund Managers Directive (AIFMD), offering tax neutrality and flexibility.

How to Get Started With Your Gibraltar Investment Fund

Setting up your fund in Gibraltar follows a simple, step-by-step process managed by our experienced team of investment fund lawyers:

1. Confirm your structure, company name and strategy.
2. Meet, negotiate with and decide on private fund or EIF administrators, auditors and directors.
3. Finalise work on the private placement memorandum.
4. Open accounts with institutions like banks, custodians and brokers.
5. Directors of the fund will begin the process of launching the fund.
6. The fund documentation will be submitted to the GFSC within 10 days.

Contact Gibraltar’s Best Investment Fund Lawyers

With our dedicated funds team, Hassans is your go-to investment fund solicitor firm that can offer end-to-end project management and advice like no other.

Whether you’re managing traditional investment funds or exploring innovative structures like crypto funds, Gibraltar’s unique and tax-efficient position, along with Hassans’ bespoke approach and legal support, provides you with everything you need to make your investments pay off in a big way.

Contact Aaron Payas at aaron.payas@hassans.gi to discuss your requirements with the best investment fund lawyers in Gibraltar.