Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Alternative Investment Funds
Investment process
Do any investment or borrowing restrictions apply to the portfolios of alternative investment funds?

Answer ... Public AIFs: Investment restrictions apply to public AIFs. They mostly relate to investments that may trigger conflicts of interest. Also, public AIFs targeted at investors other than qualified investors are subject to additional restrictions aimed to favour liquidity and portfolio diversification.

Whether a public AIF may incur in indebtedness and, if so, to what extent is left to the bylaws of the AIF.

Private AIFs: There are no investment or borrowing restrictions set out in the Public Funds Act or in the Funds Regulation. Both matters are left to the bylaws of the AIF.

For more information about this answer please contact: Mariano Soto from Trancura Legal
Are there any specific legal or regulatory requirements regarding investments in particular assets?

Answer ... No. However, public AIFs and private AIFs may not directly hold certain asset classes such as real estate, mining and water rights, intellectual and industrial property rights and vehicles.

For more information about this answer please contact: Mariano Soto from Trancura Legal
Alternative Investment Funds