Given the protracted bear market in US and European equity markets in recent years, it may be surprising to the casual observer to discover that hedge funds and in particular offshore hedge funds have continued to expand and attract investors. The figures released by the Cayman Islands Monetary Authority ("CIMA") continue to reflect a strong demand for offshore services, in particular regulated mutual funds have grown by 50% over the figures for 2000. The appeal of hedge funds is that they aim to provide returns regardless of prevailing market conditions. The appeal of Cayman is a combination of factors.
Part of the continued success of Cayman as the domicile of choice for offshore funds can be attributed to its recognition of the current regulatory zeitgeist and its willingness to set standards rather than simply react to those suggested or imposed by others....
Specific Questions relating to this article should be addressed directly to the author.
In the last days of October 2011, the Argentine Government has
adopted certain regulatory measures intended to maintain the value
of the Peso against the US Dollar and adversely affecting
particularly the Hydrocarbons, Mining and Insurance Industry, and
repatriation of direct investments.
As of December 1, 2011 the Brazilian government decided to attract and foster the return of foreign
investors to the Brazilian market by reducing to zero the applicable rate of the Tax on Financial Transactions (IOF) levied
on foreign investments in shares and private securities.
By means of CVM Instruction No. 512, issued on December 20, 2011 (CVM Instr. 512/2011), the Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários - CVM) amended CVM Instruction No. 409, of August 18, 2004 (CVM Instr. 409/2004), that contains the general rules governing the constitution, administration, operation and disclosure of information on Brazilian Funds ("Fundos de Investimento") which invest in stock funds (fundos de investimento em ações).
The activities of the autonomous agents (agentes autônomos de investimento) in Brazil are regulated by CVM Instruction No. 497, of June 3, 2011 (CVM Instr. 497/2011). On December 29, 2011, the Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários – CVM) issued CVM Instruction No. 515 (CVM Instr. 515/2011), which amends paragraph 2 of article 13 of CVM Instr. 497/2011, and also added a new paragraph in the same article. The reasons behind the enactment of CVM Instr. 515/20
Within the structure of the National Investment Promotion
Program, Honduras has defined a new Legal and Institutional
framework to attract and protect investments.