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Gibraltar has established itself as a leading jurisdiction for funds and asset management within the European region. The jurisdiction is known for its robust yet flexible regulatory environment that supports a thriving financial services sector. With a favorable tax regime, modern infrastructure, and access to the European market, Gibraltar has become an attractive location for fund managers, investors, and financial service providers seeking a reliable and business-friendly environment. The legal framework combines elements of UK and EU law, offering stability and familiarity to international participants.
Funds and asset management encompass a wide range of complex legal and regulatory matters. Here are some common situations where seeking legal assistance is prudent:
Gibraltar’s legal approach to funds and asset management is shaped by several laws and regulations that ensure compliance, transparency, and investor protection. Some of the key legal aspects include:
Gibraltar allows various fund structures, including Experienced Investor Funds (EIFs), private funds, open-ended and closed-ended funds, and protected cell companies (PCCs) for umbrella fund structures.
The Gibraltar Financial Services Commission (GFSC) is responsible for authorizing, supervising, and regulating funds, fund managers, and related service providers in Gibraltar.
An EIF is a popular Gibraltar fund structure aimed at professional and experienced investors. It benefits from a fast-track approval process and flexible investment rules but is subject to stricter entry requirements for investors.
Gibraltar previously operated under EU rules including AIFMD, and maintains equivalence provisions post-Brexit for certain regulatory frameworks, providing continued access to some EU opportunities.
Gibraltar has no capital gains tax, no VAT on fund management, and a competitive corporate tax rate, making it attractive for fund domiciliation and asset management businesses.
The timeline varies depending on the structure. Experienced Investor Funds can often be launched in a matter of weeks due to streamlined regulatory approvals, while private funds may be set up even faster.
Yes, Gibraltar welcomes international investors and fund managers. There are clear rules for cross-border participation and the jurisdiction actively promotes international business.
Fund managers are responsible for ensuring regulatory compliance, investor protection, proper disclosure, anti-money laundering controls, and ongoing reporting to the GFSC.
Yes, the private fund regime and certain trust or PCC structures are specifically designed for family offices or closely-held investor groups, offering privacy and lighter regulatory treatment.
The GFSC has the power to investigate, sanction, impose fines, or even revoke licenses. Legal representation is essential to respond promptly and mitigate any regulatory action.
For further information and support regarding funds and asset management in Gibraltar, consider connecting with the following organizations:
If you need legal advice or assistance with funds and asset management in Gibraltar, start by gathering relevant documentation regarding your investment goals, proposed fund structure, and any existing compliance materials. Schedule a consultation with a reputable Gibraltar law firm that specializes in financial services, funds, or asset management. Early legal advice can help you select the right structure, ensure regulatory compliance, minimize risks, and set your fund or asset management operation on a path toward long-term success.
It is also beneficial to stay updated on changes to Gibraltar’s regulations and to establish connections with local industry bodies or professional service providers who can offer ongoing support.
