McConvill, James (2010) Funds, Islands and a Re-Union: The British Virgin Islands on the Right European Path. Corporate Governance Law Review, 4 (2). pp. 182-196. ISSN 1449-9029

Abstract

The European Union’s Alternative Investment Fund Managers Directive has now been approved by the European Parliament and Council. The AIFM Directive is designed to provide for clear, streamlined regulation of mutual fund managers and therefore, indirectly mutual funds, with a view to ensuring that funds actively marketed in Europe are managed in a transparent and secure manner. This article focuses on whether the AIFM Directive, once implemented into national law by EU member states, will adversely affect the ability of BVIlicensed fund managers and other managers of BVI funds to market to professional investors in the EU. The article concludes that, through the recent initiatives of the BVI Government and regulators, BVI managers and other managers of BVI funds are well-placed to have ready access to the AIFM Directive’s private placement and passport regimes to continue actively marketing to EU investors.

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