1 Regulatory Framework
1.1 What legislation governs the establishment and
operation of Alternative Investment Funds?
The Mutual Funds Law (2019 Revision) (the "MF Law")
provides for the regulation of open-ended investment funds and
mutual fund administrators. Responsibility for regulation
under the MF Law rests with the Cayman Islands Monetary Authority
("CIMA").
In addition, the Retail Mutual Funds (Japan) Regulations (2018
Revision) (the "Japan Regulations") provide a regulatory
regime for retail mutual funds that are marketed to the public in
Japan.
Although not Cayman Islands law, the broad scope and
extra-territorial effect of the EU Directive on Alternative
Investment Fund Managers ("AIFMD") will capture most
types of Cayman Alternative Investment Funds, regardless of whether
they are open-ended or closed-ended and regardless of their legal
structure and investment strategy, with very few exceptions, to the
extent that they are being marketed or