Promoting an unregulated collective investment scheme January 31, 2009
Posted by Simon Webber in compliance training, strategic compliance, styperson pope, unregulated collective investment scheme.Tags: asset manager, authorised, certificate, certified, ciso, collective investment scheme, collective investment scheme order, collective investment scheme rules, compliance advice, compliance advisor, compliance awareness, compliance consultancy, compliance consultant, compliance director, compliance interim, compliance manager, compliance officer, compliance report, compliance review, eput, exemption, financial advisor, fsa authorised, fsa authorised firm, fsa compliance, fsa regulated, fsa regulation, high net worth, high net worth individual, high net worth investor, hnwi, ifa, independent financial advisor, information memorandum, promoting, promoting collective investment schemes, promoting unregulated collective investment schemes, promotion, property development fund, property fund, property investment, property investment fund, qualified investor, scheme operator, self-certified, simon webber, sophisticated investor, sophisticated investor certificate, specified investments, stypersonpope, ucis, Uncategorized, unregulated collective investment, unregulated investment
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IFAs are not the only route.
“Unregulated Collective Investment Scheme” (UCIS) is something of a misnomer. Far from being unregulated, the FSA restrict these schemes very tightly indeed – for funds structured as a UCIS, there is a simple edict:
“Such schemes cannot be marketed to the general public and are otherwise restricted in their promotion.“
As a result, the promotion of unregulated collective investment schemes, must be carried out very carefully and only to selected groups of investors. Often the only route considered is through IFAs but in fact any authorised firm, and even unauthorised firms, can promote a UCIS as long as the approach is planned carefully and carried out correctly.
Summary Documents
For the sake of making the fund more attractive to investors, the detail of the information memorandum (IM) needs to be distilled, summarised and presented in a more user-friendly, marketing-led form. Although secondary to the IM, this document must still meet the stringent demands of the FSA. We produce summary documents, ensuring compliance, and with marketing expertise on hand, as well as design and print facilities, we can offer a full service if required.
Alternative Routes to Market
For some funds, IFAs may not be the best (or at least the only) route to market and with our assistance, General Partners, Managers, Advisers, and Promoters of such schemes can negotiate a marketing plan with their Operators, draft documents and produce a set of procedures which allows them to engage with individual investors under specific exemptions to the rules.