Утверждённый фонд BVI (approved fund): ответы с источниками

Securities & Investment Business Act 2010 (SIBA), профильные Securities & Investment Business (Incubator & Approved Funds) Regulations (ред. 2020) и SIBA Incubator & Approved Funds Guidelines (BVI FSC)

«3 INTRODUCTION Under the Securities and Investment Business Act, 2010 (“SIBA”), the Financial Services Commission (“the Commission”) offers a range of investment business licences and allows for the registration of public funds and recognition of private and professional mutual funds. These licences allow BVI business companies, partnerships and trusts to carry out financial services activities using BVI regulated entities. In order to provide more flexibility to smaller and start-up financial services businesses, the Commission has created two new categories of regulated funds: incubator and approved funds. Under the new fund categories, managers and principals of smaller, open-ended funds may be approved to conduct business within a lighter regulatory framework. An advantage of the new fund categories is that they provide an opportunity for smaller funds that may not typically qualify as private or professional funds to conduct business and make investment offerings to qualifying persons. 2. These Guidelines have been developed to provide guidance on the application process for incubator and approved funds. …»

Источник: bvifsc.vg · копия источника от 2026-10-03

«Securities and Investment Business LAW OF 90 (Incubator and Approved Funds) Regulations VIRGIN ISLANDS [Statutory Instrument] Revision Date: 1 Jan 2020 (2) For purposes of subregulation (1), an applicant shall, in submitting an application, provide the following information— (a) the constitutional documents specifying whether the applicant intends to be an incubator fund or approved fund; (b) a written description of the investment strategy of the proposed incubator fund or approved fund; (c) a written warning which the incubator fund or approved fund will issue to investors or potential investors as provided in regulation 4; and (d) such other information as may be required in the prescribed form. (3) For the purposes of this regulation, an application is not complete if— (a) it does not satisfy all the requirements of this regulation; and (b) the application is not accompanied by the fee required pursuant to regulation 7. Investment warning 4. (1) No offer or invitation shall be made to»

Источник: bvifsc.vg · копия источника от 2026-10-02

«“Act” means the Securities and Investment Business Act; “applicant” means a person who has applied to the Commission to be approved as an incubator fund or approved fund; “approved fund” means a fund that is deemed as such under regulation 5(1)(b) and satisfies the requirements of regulation 11(1) and (2); “Commission” means the Financial Services Commission established under 3(1) of the Financial Services Commission Act; “fund property”, in relation to an incubator fund or approved fund, means the assets of the fund; (Inserted by S.I. 83/2019) “incubator fund” means a fund that is deemed as such under regulation 5(1)(a) and satisfies the requirements of regulation 10(1) and (2); “offering document” means a document that contains an invitation or offer to investors or potential investors to purchase or subscribe for fund interests in an incubator fund or approved fund, and includes an amended offering document and a term sheet as may be prescribed; “prescribed” means prescribed by the Commission; “private fund” has the meaning assigned under section 40(1) of the Act; “professional fund” has the meaning assigned under section 40(1) of the Act; …»

Источник: bvifsc.vg · копия источника от 2026-10-02

Incubator и approved — без аудита

«f Financial Statements 6.2.1 Financial statements, as defined in section 69 of SIBA, must be submitted to the Commission within six months of the end of the financial year to which they relate. Financial statements or any other documents that may be prescribed by the Regulations must be signed by a director or general partner of the incubator fund or approved fund. 2 It should be noted that regulation 9 (3) (b) makes reference to subregulation (1) (c). That reference should be read as subregulation (1) (b) which is the correct reference, as subregulation (1) (c) does not exist. The provision must therefore be read accordingly. 13 6.2.2 An incubator fund or approved fund is not required to appoint an auditor; however, the incubator fund or approved fund must submit financial statements in accordance with regulation 17 and, where necessary, ensure that the notes to the financial statements give a true and fair view of the matters to which they relate. 6.2.3 The Commission may require an incubator fund or approved fund to resubmit or replace any document it considers to be incomplete, inaccurate or not prepared in accordance with the relevant applicable provisions of SIBA. …»

Источник: bvifsc.vg · копия источника от 2026-10-03

«r public fund fails to comply with a notice under subsection (1), the Commission may reject the document. Relevant licensee and public fund to appoint auditor 75. (1) A relevant licensee and a public fund shall appoint and at all times have an auditor for the purposes of auditing its financial statements. (2) An auditor shall not be appointed under subsection (1) unless— (a) he or she is qualified under the Regulatory Code to act as the auditor of a licensee; (b) he or she has consented to act as auditor; and (c) the auditor is an approved auditor within the»

Источник: bvifsc.vg · копия источника от 2026-10-02

«Conditions for conversion of an incubator fund 15. (1) Where an incubator fund intends to convert into a private fund or professional fund under these Regulations, it shall, at least 2 months prior to the expiry of its period of validity as referred to in regulation 13(1) (or such shorter period as the Commission may approve), prepare and submit to the Commission an audit of its— (a) current financial position; and (b) compliance with the requirements of these Regulations. (2) The audit referred to in subregulation (1) shall be performed by either— (a) a person approved by the Commission under the Act or pursuant to section 56 of the Regulatory Code as an auditor; or (b) a person who, though not an approved auditor as referred to in paragraph (a), is independent of the incubator fund and whose normal duties include the performance of such an independent audit function. …»

Источник: bvifsc.vg · копия источника от 2026-10-02

«e approved by the directors or trustee and the date when he or she signs the financial statements. Submission of financial statements to the Commission 71. (1) The financial statements of a relevant licensee, or public fund, signed by a director, or the trustee of a unit trust, in accordance with section 70 shall be submitted to the Commission within 6 months of the end of the financial year to which they relate, accompanied by— (a) a director’s certificate, or a trustee’s certificate, in the approved form; (b) an auditor’s report; (c) a report on the affairs of the licensee or public fund made in respect of the relevant financial year to— (i) the members of the licensee; or (ii) the investors of the public fund; and (d) such other documents as may be prescribed. LAW OF VIRGIN ISLANDS Securities and Investment Business Act 61 Revision Date: 1 Jan 2020 (2) Unless accompanied by the certificates, reports and documents specified in subsection (1), the financial statements referred to in subsection (1) are deemed not to have been submitted to the Commission. Submission of short period financial statements and reports 72. …»

Источник: bvifsc.vg · копия источника от 2026-10-02