2. Alternative Investment Funds (AIFs)

Overview

  • Description: AIFs are funds that do not qualify as UCITS and can include hedge funds, private equity funds, real estate funds, and more.
  • Types:
    • AIF with Unlimited Number of Persons (AIFUNP): Suitable for a large number of investors, including retail investors.
    • AIF with Limited Number of Persons (AIFLNP): Limited to 50 investors and typically aimed at professional and well-informed investors.
    • Registered AIF (RAIF): Does not require prior authorization from CySEC but must be managed by an authorized AIFM.
  • Regulation: Governed by the AIF Law of 2018 and must comply with certain regulatory requirements, including risk management and investor protection measures.

AIF Framework in Cyprus

  1. Regulatory Framework:
    • AIFMD Compliance: Cyprus implements AIFMD regulations, which harmonize the regulation of alternative investment funds across the EU.
    • Cyprus Securities and Exchange Commission (CySEC): CySEC is the competent authority in Cyprus responsible for regulating and supervising AIFs and their managers.
  2. Types of AIFs:
    • Categories: AIFs in Cyprus can be structured as open-ended or closed-ended funds, depending on their redemption terms and liquidity.
    • Strategies: AIFs can pursue a wide range of investment strategies, including private equity, real estate, hedge funds, infrastructure, and venture capital.
  3. Fund Manager Requirements:
    • AIF Manager: AIFs must appoint an AIF manager (AIFM) licensed by CySEC to manage the fund’s operations and comply with regulatory obligations.
    • Operational Requirements: AIFMs must meet capital requirements, governance standards, and conduct ongoing reporting to CySEC.
  4. Investment Scope and Restrictions:
    • Investment Assets: AIFs in Cyprus have flexibility in their investment strategies and can invest in a diverse range of assets and sectors.
    • Risk Management: AIFs must implement robust risk management policies and procedures to manage and mitigate risks effectively.
  5. Investor Protection:
    • Transparency and Disclosure: AIFs are required to provide comprehensive disclosure to investors, including financial statements, risk management practices, and performance reports.
    • Custody of Assets: AIFs must appoint a custodian to safeguard assets and ensure compliance with regulatory requirements.
  6. Marketing and Distribution:
    • EU Passporting: Once authorized by CySEC, AIFs in Cyprus can market and distribute their shares or units across the EU under AIFMD passporting rights.
    • Global Reach: Cyprus-based AIFs can attract global investors and benefit from Cyprus’ strategic location and regulatory framework.

Advantages for Cyprus-based AIFs

  • Strategic Location: Cyprus serves as a bridge between Europe, the Middle East, and Africa, offering geographical advantages for fund managers and investors.
  • Regulatory Environment: Cyprus provides a stable and transparent regulatory environment compliant with EU standards, enhancing investor confidence.
  • Tax Benefits: Cyprus offers a competitive tax regime with advantages for fund structuring, including tax exemptions on certain income and gains.
  • Skilled Workforce: Cyprus has a skilled and multilingual workforce, supporting the operational needs of AIFs and fund managers.
  • Infrastructure and Support Services: Cyprus has a well-developed financial infrastructure, including banking, legal, and accounting services, supporting the establishment and operation of AIFs.