CAYMAN 2012 - HFMWeek
CAYMAN 2012 - HFMWeek
CAYMAN 2012 - HFMWeek
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<strong>CAYMAN</strong> <strong>2012</strong><br />
FINANCIAL SE RVICES<br />
CRITICAL ADVANTAGES<br />
RICHARD COLES TALKS TO HFMWEEK ABOUT HOW <strong>CAYMAN</strong> FINANCE’S ROLE HAS EVOLVED OVER THE YEARS AND WHY THE <strong>CAYMAN</strong> ISLANDS<br />
REMAINS ONE OF THE MOST ATTRACTIVE PLACES FOR FUND MANAGERS<br />
Richard Coles<br />
is chairman of Cayman<br />
Finance. Mr. Coles is an<br />
experienced lawyer both<br />
in England and in the<br />
Cayman Islands, being<br />
a solicitor admitted in<br />
England, a Cayman Islands<br />
Attorney-at-law and Notary<br />
Public. He was for six years<br />
the Attorney General for<br />
the Cayman Islands, a<br />
member of the Cabinet<br />
and Legislative Assembly<br />
and a government minister<br />
having been appointed<br />
to that position on the<br />
recommendation of the<br />
British Government.<br />
<strong>HFMWeek</strong> (HFM): Why was Cayman Finance formed<br />
Richard Coles (RC): Cayman Finance was created to<br />
promote the development of the Cayman Islands Financial<br />
Services Industry through cooperation and engagement<br />
with domestic and international political leaders,<br />
regulators, organisations and media.<br />
A key part of our overall purpose is to promote the integrity<br />
and transparency of the industry by legislative and<br />
regulatory enactment and to encourage the sustainable<br />
growth of the industry through innovation, education and<br />
integration.<br />
It is worth mentioning that as<br />
one of the world’s leading offshore<br />
financial centres, the Cayman Islands<br />
has always served as a strong<br />
leader in the offshore world and in<br />
the Caribbean region in terms of<br />
our innovations. Examples include<br />
being one of the first jurisdictions<br />
to focus on captive insurance<br />
and in particular healthcare captives,<br />
being the first to introduce<br />
legislation and regulation geared<br />
specifically towards offshore<br />
hedge funds, serving as the first<br />
president of the Caribbean Action<br />
Task Force, the regional arm of the<br />
FATF, through our Financial Secretary<br />
and in other areas. We felt<br />
we needed to support these efforts<br />
by having an organised mechanism<br />
to maintain continuous promotion and protection of<br />
the interest of our industry.<br />
From a domestic perspective, we also felt it was important<br />
to have a cohesive partnership among the local financial<br />
industry which joins together the various stakeholders<br />
to assist with the promotion of one of the primary sectors<br />
of employment of the Cayman Islands’ economy.<br />
HFM: Why should fund managers consider Cayman<br />
when wishing to establish an offshore fund<br />
RC: There are quite a few advantages to fund managers<br />
when using the Cayman Islands, though I will focus on<br />
four key aspects.<br />
The first of these is that the Cayman Islands offers a<br />
uniquely qualified professional infrastructure for fund<br />
THE <strong>CAYMAN</strong> ISLANDS<br />
HAS ALWAYS SERVED AS<br />
A STRONG LEADER IN<br />
THE OFFSHORE WORLD<br />
AND IN THE CARIBBEAN<br />
REGION IN TERMS OF<br />
OUR INNOVATIONS<br />
”<br />
managers. We have many of the world’s best lawyers, accountants,<br />
independent directors and access. This range<br />
and depth in quality is one of our key attractions to fund<br />
managers.<br />
Another key benefit is that setting up a fund can be done<br />
very quickly in Cayman and our experience shows that this<br />
advantage can be critical when clients are looking to capitalise<br />
on a market opportunity.<br />
The third aspect, which in my opinion is key to professionals<br />
such as fund managers, is that the Cayman Islands<br />
fund product and brand is known worldwide as a respected<br />
jurisdiction for the vast majority<br />
of hedge funds. The confidence this<br />
brings to investors in a fund, due<br />
to their knowledge that the fund is<br />
licensed and regulated to high international<br />
standards, remains one of<br />
our key advantages, in my opinion.<br />
Finally, fund managers know<br />
that when they choose to do business<br />
in the Cayman Islands, not<br />
only do they have access to a wide<br />
range of professionals, but they can<br />
also carry out other business as we<br />
are uniquely the only offshore centre<br />
which can boast simultaneous<br />
leadership positions across several<br />
industries, including captive insurance,<br />
banking, hedge funds and securitisations.<br />
Bearing in mind that<br />
many fund clients are also seeking<br />
out wealth management and other financial services, this<br />
breadth of financial services provides a ‘one-stop-shop’<br />
feature opportunity for these managers. It has been one of<br />
the key aspects of the competitive edge that we possess as<br />
a financial services jurisdiction.<br />
HFM: What are the challenges that will come with regulatory<br />
changes in Cayman in <strong>2012</strong><br />
RC: We do not anticipate any significant regulatory<br />
changes in the short term. The jurisdiction underwent<br />
significant enhancements to its regulatory framework in<br />
the early 2000s. These changes focus mainly on improvements<br />
to the jurisdiction’s anti-money laundering regime,<br />
but also included enhancements to other regulatory legislation<br />
and policies in accordance with international stan-<br />
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