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Antigua & Barbuda Collective Investment Schemes License _Guideline

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Antigua & Barbuda Collective Investment Schemes License _Guideline

Antigua & Barbuda Collective Investment Schemes
The Securities (Collective Investment Schemes) Regulations 2001 defines a Collective Investment Scheme as:

  1. A unit trust;
  2. An investment company;
  3. Investment contracts, investment programmes or any other arrangements with respect to property of any description, including money, the purpose or effect of which is to enable persons taking part in the arrangements (whether by becoming owners of the property or any part of it or otherwise) to participate in or receive profits or income arising from the acquisition, holding, management or disposal of the property or sums paid out of such profits or income; and
  4. Any scheme that the Commission may deem to be a collective investment scheme for the purpose of the Securities Act.

Legal Requirements

Sr.
No		ElementRequirement(s)
 Entity RequirementsThe entity making the application can be:
  1. Investment Company
  2. Unit trust
 Director’s RequirementsThe licensee will need at least 2 (two) natural person Fit and Proper Directors of any jurisdiction.
 Shareholder requirements
  • The CIS will need at least two promoters
  • Corporate shareholding is allowed and 100% foreign ownership is permitted.
 Compliance OfficerThe Licensee must establish and maintain an appropriate and effective compliance function within the firm which operates independently of all operational and business line functions and senior or supervisory management.
 Fund AdministratorThe Applicant must employ a fund administrator with no local requirement
 Fund ManagerThe Applicant must employ a fund manager approved by the commission.
 CustodianThe applicant must have a custodian approved by the commission as follows:
    1. Is a bank or financial institution licensed under the Banking Act;
    2. Is a trust company which is a subsidiary of such bank or financial institution; or
    3. In the case of any other company, has the prescribed minimum paid up capital and the Commission is satisfied that the applicant has the experience necessary to enable it to conduct its business and to carry out its obligations as a custodian of a collective investment scheme.
    4. Complies with the insurance requirement under section 80;
    5. Satisfies the Commission that it is a fit and proper person to be licensed as a custodian of a collective investment scheme;
    6. Will be able, if licensed to comply with the financial resources regulations.
 Local OfficeThe applicant must have premises acceptable to the authority. The premises should be able to facilitate confidential interaction between the applicant and its clients, and provide for safe and confidential storage of documents.
 AuditorThe auditor of a collective investment scheme shall
  1. Have a place of business in Antigua & Barbuda
  2. Be an accountant;
  3. Be approved by the Commission
  4. Not be a director or controller of the custodian, or the management company of the collective investment scheme or, in the case of an investment company, a director or controller of the company, or a partner, employee or shareholder of such a person
 InsuranceEvery applicant, shall, to the satisfaction of or on terms prescribed by the Commission, effect and maintain appropriate policies of insurance on such terms and conditions as may be determined by the Commission for the purpose of indemnifying such licensee against any liability that may be incurred as a result of any act or omission by the licensee or any of its officers or employees in the conduct of the licensee’s business.

Ongoing Obligations

  1. The management company of a collective investment scheme shall prepare and publish in accordance with the provisions of the Act the following documents relating to that collective investment scheme:
    1. The collective investment scheme particulars;
    2. An annual report for each financial year; and
    3. A half-yearly report covering the first six months of each financial year.
  2. The management company of a collective investment scheme shall send to the Commission a copy of the collective investment scheme particulars (including any revision) and of every annual and half-yearly report of the collective investment scheme.
  3. Licenses are to be renewed annually after the date of registration. On application for renewal of a Licence, the Commission , if satisfied that the applicant is a licensee of good standing, may grant the renewal on payment by the applicant of the annual renewal Licence fee
  4. The Licensee must maintain appropriate policies of insurance for the purpose of indemnifying such licensee against any liability that may be incurred as a result of any act or omission by the licensee or any of its officers or employees in the conduct of the licensee’s securities business.

About Valsen Fiduciaries
Valsen Fiduciaries is a licensed independent global service provider of a broad range of fiduciary, administrative, legal, corporate secretarial and support services.

    1. Company formations and Administration
    2. Assistance with Bank Account opening
    3. Collective Investment Setup and Administration
    4. Intellectual Property Registrations and Maintenance.
    5. Trusts and Foundations setup and administration
    6. Online Payment Gateway Solutions
    7. Banking Licenses and PSP, E-Money, E- Wallet Licenses
    8. Yacht and aircraft registrations.
    9. Cryptocurrency Solutions (ICO, STO, Crypto Exchanges etc)

The Valsen Advantage

  • We will advise you on the optimal legal structure for your requirements, size, expectations and circumstances. We have extensive knowledge of a wide range of securities dealer licenses in all major jurisdictions.
  • Valsen will assist to complete every form for each process in the best way we know how (Based on our many years’ experience with various regulators and service providers across the world)
  • We are very hands on in the post filing period checking with re regulator and service providers and updating you regularly. Any queries raised by the regulators and service providers during processing will be quickly synthesized by us and we shall craft the right responses to move the process forward fast.
  • We have a full in-house compliance support for all compliance requirements with the regulator and service providers

Our Contact Details
Please visit us on: www.offshorelicense-regulatory.com , www.valsen-corporate.com
OR Contact us on:

  • Tel: +248 4321018
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  • Email: info@valsenfiduciaries.com