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MENA Asset Management Survey 2012 - National Bank of Abu Dhabi

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Regulatory Trends<br />

<br />

the level <strong>of</strong> prospectus disclosure required for Public Funds, which are open to<br />

retail investors, is higher than the disclosure requirements for Exempt Funds,<br />

which are open only to pr<strong>of</strong>essional investors.<br />

Foreign Funds can only be marketed in or from the DIFC by firms that are<br />

appropriately licensed by DFSA including licensed firms holding advisory or<br />

arranging authorisations. Fund marketing could also be undertaken by a<br />

Representative Office, but a Representative Office is not permitted to<br />

advise/arrange. Such Firms can now market units <strong>of</strong> Foreign Funds if one <strong>of</strong><br />

the following criteria is met:<br />

o The Foreign Fund is both established and operated in a DFSA<br />

recognised jurisdiction and the Fund type is a DFSA designated<br />

Fund type.<br />

o The Foreign Fund is not established and operated in a DFSA<br />

jurisdiction, but the Fund investment manager and Fund custodian<br />

meet DFSA requirements in terms <strong>of</strong> regulation and status<br />

o The Firm makes a suitability recommendation <strong>of</strong> the investment in<br />

the Units <strong>of</strong> the Foreign Fund to the particular investor, in light <strong>of</strong><br />

that investor's investment objectives and circumstances; or<br />

o The Foreign Fund meets DFSA criteria as an Exempt Fund by being<br />

open to less than 100 unitholders, subject to a minimum subscription<br />

<strong>of</strong> US$ 50,000 and sold only by way <strong>of</strong> private placement. The<br />

Foreign Funds which cannot be marketed to retail investors in the<br />

home jurisdiction <strong>of</strong> that fund are prohibited from being marketed to<br />

retail investors in or from the DIFC.<br />

Fee structure<br />

<br />

The table below highlights the fees applicable to Fund Managers and Funds.<br />

Fees in<br />

USD<br />

Fund Manager licensing application fee $10,000<br />

Fund Manager annual licence fee $10,000<br />

Annual fee per Fund $4,000<br />

Annual ongoing fee per Fund $4,000<br />

Public Fund registration fee $1,000<br />

Umbrella Fund (Umbrella) (licensing and annual) $8,000<br />

Each Sub-Fund (annual) $1,000<br />

121

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