Gibraltar private fund (private scheme, LP and GP): sourced answers

Indefinite, but the private character must be kept for at least a year after any offer

«Private schemes 3. This Part of this Schedule applies to collective investment schemes which— (a) are not listed on a stock exchange; and (b) are not authorised by the scheme’s constituting instrument to have more than 50 participants. © Government of Gibraltar (www.gibraltarlaws.gov.gi) Page 635 of 663 2019-26 Financial Services 4.(1) A private scheme is promoted in accordance with this Part of this Schedule where the scheme is promoted by way of an offer addressed exclusively to a restricted category of persons. (2) For the purposes of sub-paragraph (1), an offer is not addressed exclusively to a restricted category of persons unless– (a) the offer is addressed to an identifiable category of not more than 50 persons, whether in Gibraltar or elsewhere, to whom it is directly communicated by the offeror or the offeror’s appointed agent; (b) the members of that category are the only persons who may accept the offer and they are in possession of sufficient information to be able to make a reasonable evaluation of the offer; …»

Source: gibraltarlaws.gov.gi · source copy as of 2026-10-02

«general partnership and each of its partners is to be treated as a general partner. Registration of limited partnerships Application for registration. 7.(1) An application for the registration of a limited partnership is made by delivering to the Registrar a statement signed by each partner or proposed partner. (2) The statement must be in the specified form and contain the following particulars– (a) the name of the partnership (which must conform with the requirements in the Schedule); (b) the general nature of the business; (c) the principal place of business; (d) the full name of each of the partners; (e) the term, if any, for which the partnership is entered into and the date of its commencement; (f) a statement that the partnership is limited; and (g) in relation to each limited partner a statement to the effect that the partner is a limited partner whose liability to contribute is limited to the extent of the amount specified in the statement (being the specified sum as capital or property that the limited partner has agreed to contribute to the partnership). (3) The Schedule makes further provision about the names of limited partnerships. …»

Source: gibraltarlaws.gov.gi · source copy as of 2026-10-03

GFSC

«lies to— (a) any UCITS scheme authorised under Chapter 3; (b) any non-UCITS retail scheme authorised under Chapter 4; (c) any foreign scheme recognised under Chapter 5, so far as relating to activities carried on in or from Gibraltar; (d) any experienced investor fund authorised in accordance with regulations made under section 339; © Government of Gibraltar (www.gibraltarlaws.gov.gi) Page 261 of 663 2019-26 Financial Services (e) any entity which qualifies to become an experienced investor fund in accordance with such regulations; (f) any private scheme which is promoted in accordance with, and as permitted by section 293(4)(b); or (g) any other description of collective investment scheme operating in or from Gibraltar. (2) In relation to a scheme listed in subsection (1), the GFSC may appoint one or more competent persons as examiners to conduct an investigation on the GFSC’s behalf into the affairs of the scheme or the affairs of— (a) the scheme operator; (b) the scheme manager; (c) the scheme administrator; (d) a scheme trustee; (e) a scheme depositary; (f) a director of the scheme; or (g) any other person undertaking any function with respect to the scheme. …»

Source: gibraltarlaws.gov.gi · source copy as of 2026-10-02

«CTIONS AND REQUIREMENTS Restrictions on promotion of collective investment schemes. 293.(1) A person (including an authorised person) must not promote a collective investment scheme in or from Gibraltar unless the scheme is– (a) an authorised scheme; or © Government of Gibraltar (www.gibraltarlaws.gov.gi) Page 234 of 663 Financial Services 2019-26 (b) a recognised scheme. (2) Promoting a collective investment scheme includes, in particular– (a) communicating an invitation or inducement to any person to participate (or offer to participate) in a collective investment scheme; or (b) advising or procuring any person to participate (or offer to participate) in a collective investment scheme. (3) Subsection (1) applies in the case of a communication originating outside Gibraltar only if the communication is capable of having an effect in Gibraltar. (4) Subsection (1) does not apply– (a) to anything done by a person listed in Part 1 of Schedule 24; …»

Source: gibraltarlaws.gov.gi · source copy as of 2026-10-02

«d (b) has Part 7 permission to carry on the regulated activity under paragraph 97 of Schedule 2 to the Act in respect of managing one or more AIFs (small scheme manager). Registration of small AIFMs. 18.(1) Subject to sub-regulation (8), a small AIFM may only market the units or shares of AIFs it manages to professional investors, in Gibraltar, if it is registered in accordance with this regulation. © Government of Gibraltar (www.gibraltarlaws.gov.gi) Page 26 of 109 Financial Services 2019-26 Financial Services (Alternative Investment Fund Managers) Regulations 2020 2020/020 (2) An application for registration under this regulation must be submitted to the GFSC– (a) in the form it requires; and (b) contain or be accompanied by– (i) the information specified in sub-regulation (3); and (ii) any other information that the GFSC may reasonably require. (3) The information provided by a small AIFM under sub-regulation (2)(b) must include details of– (a) the identity of the small AIFM; (b) the AIFs that it manages; and (c) the investment strategies of those AIFs. …»

Source: gibraltarlaws.gov.gi · source copy as of 2026-10-02

«(1) This section applies to– (a) any UCITS scheme authorised under Chapter 3; (b) any non-UCITS retail scheme authorised under Chapter 4; (c) any foreign scheme recognised under Chapter 5; (d) any experienced investor fund authorised in accordance with regulations made under section 339; (e) any entity which qualifies to become an experienced investor fund in accordance with such regulations; (f) any private scheme which is promoted in accordance with, and as permitted by, section 293(4)(b); or (g) any other description of collective investment scheme operating in or from Gibraltar. (2) The GFSC may apply to the Court for a protection order with respect to a scheme listed in subsection (1). (3) The power in subsection (2) may be exercised– © Government of Gibraltar (www.gibraltarlaws.gov.gi) Page 257 of 663 2019-26 Financial Services (a) in the case of any scheme listed in subsection (1)(a) to (e), on any ground specified in section 326(2); …»

Source: gibraltarlaws.gov.gi · source copy as of 2026-10-02

«Private schemes 3. This Part of this Schedule applies to collective investment schemes which— (a) are not listed on a stock exchange; and (b) are not authorised by the scheme’s constituting instrument to have more than 50 participants. © Government of Gibraltar (www.gibraltarlaws.gov.gi) Page 635 of 663 2019-26 Financial Services 4.(1) A private scheme is promoted in accordance with this Part of this Schedule where the scheme is promoted by way of an offer addressed exclusively to a restricted category of persons. (2) For the purposes of sub-paragraph (1), an offer is not addressed exclusively to a restricted category of persons unless– (a) the offer is addressed to an identifiable category of not more than 50 persons, whether in Gibraltar or elsewhere, to whom it is directly communicated by the offeror or the offeror’s appointed agent; (b) the members of that category are the only persons who may accept the offer and they are in possession of sufficient information to be able to make a reasonable evaluation of the offer; …»

Source: gibraltarlaws.gov.gi · source copy as of 2026-10-02