Investment Funds

Mello Jones & Martin · October 6^th, 2006

Bermuda offers one of the world’s leading tax neutral jurisdictions for the incorporation and organization of investment funds.

The benefits of Bermuda include:

• Political and economic stability and predictability based on the English systems of law
• Integrity in its financial and regulatory systems
• Flexibility and responsiveness
• Light but effective regulation
• International recognition
• Maximum freedom to choose investment policies and strategies
• Proximity to the US (2 hours) and the UK (6 hours)
• Strong infrastructure of administrators, custodians, banking facilities and other fund service providers

Bermuda has been in the funds business for over thirty years and has been in the forefront of developing and supporting sophisticated fund products and transactions.

Mello Jones & Martin prides itself on providing solid, dependable and responsive advice and service on a whole range of legal and regulatory issues confronting fund managers and sponsors, administrators, custodians, prime brokers, investment banks, financial institutions and their foreign counsel.

We are routinely involved in lobbying government on behalf of our clients and participate fully in the legislative consultation process both as a firm and as part of wider industry groups. This enables us to be at the forefront of future developments and to ensure our clients have access to the latest information and trends.

We are able to advise on:

• The advantages of various types of fund vehicles including open and closed ended mutual funds companies, segregated portfolio companies, limited partnerships, special purpose vehicles and unit trusts.
• Fund structures including umbrella, series, multi-class, master-feeder, fund of funds and hedge funds.
• Structuring and setting up management companies, joint ventures and trading vehicles.
• Management/advisor compensation arrangement such as advantage share structures, equalization policies and incentive/performance fee arrangements.
• Fund restructuring, liquidations and wind-ups.

We are also involved in:

• Drafting or assisting in the drafting of memoranda of association, partnership agreements, trust deeds, bye-laws, offering documents, management and advisory agreements, custody agreements, prime brokerage and trading agreements, administration agreements, distribution and risk management agreements and all related ancillary documents.
• Negotiating and obtaining regulatory and government consents and approvals.
• Obtaining listing of fund securities on stock exchanges around the world.
• Providing directors, officers, trustees, registered office and corporate and trust administrative services.

Our Funds Group is made up of a diversified set of internationally trained lawyers, administrators and staff who bring with them sophisticated and valuable experience in funds and securities issues generally. Considered leaders in their field, they regularly speak at industry events, seminars and conferences. In addition, our Funds Group in collaboration with the firm’s strong corporate, litigation and trust departments, offers clients a full suite of services tailored to their individual requirements.

Our clients include some of the world’s leading fund managers and service providers who have come to rely on us for our commercial and innovative approach to their legal and business issues. From our assistance with small start up ventures to our support of multinational transactions, our clients know they can rely on Mello Jones & Martin to deliver the results they want on time and on budget.