OUR SERVICES
Funds Establishments

There are many different configurations and setups of companies. Hence, “fund” defines the use of such a setup, not the form.

Some funds are highly-regulated and some funds can be regulated under a certain number of investors, depending on the jurisdiction.

Some can invest in alternatively and others cannot. While some funds have no risk spreading rules, some or others may be limited.

No matter the type of the fund, there are certain things that must be done and decisions that must be made before the fund set up.

We offer formation solutions for funds, determining the correct vehicle to achieve your objectives with a focus on alternative asset class entities and special purpose vehicles (SPV).

Any fund or set up, it should be noted that a fund manager or an asset manager to be appointed.

Investment Managers may already have an Investment Company formed in another jurisdiction if so, this can be used as the Management Company of the fund. Simply, a regulated company in another jurisdiction can be the Investment Company.

If there is no existing management company (regulated or not), Gemana can help the Investment Managers  to establish their Management Company (Regulated or not) in the Emirates (DIFC or ABGM), Cayman, Switzerland, Luxembourg or Malta.

Based On Fund Establishments
Our Services
  • Selecting and forming the vehicle.
  • Choosing the fund structure; Ex: stand-alone fund, master-feeder.
  • Selecting the Service Providers: Investment manager, Administrator, Registrar and Transfer Agent and NAV calculation agent, FATCA services provider (usually the same person as the administrator), Bank, Custodian and Prime Brokers.
  • Drafting fund documents: Offering memorandums, Investment management agreements, subscription agreements, Constitutional documents, Administration agreements, Prime brokerage/custodian agreements and Directors’ resolutions.
  • Address “The Foreign Account Tax Compliance Act” (FATCA) and “Common Reporting Standards” (CRS) due diligence and reporting obligations, “Tax Information Exchange Authority (TIA), “Global Intermediary Identification Number” (GIIN) and Directors Registration and Licensing Laws.
  • Acknowledge the appropriate corporate governance framework related to Management and Administrations.
  • Monitor and comply with continuing obligations.
Our Services
Assets Protection Vehicles

“Estate planning is the process of anticipating and arranging, during a person’s life, for the management and disposal of that person’s estate during the person’s life and at and after death, while minimizing gift, estate, generation-skipping transfer, and income tax”. That’s certainly true, but they aren’t the only ones who benefit from such planning even during the lifetime.

 

This kind of solutions are concerned with the preservation and transmission of the property of individuals, families or corporations and in a broad purpose to minimising legal, business and political risks, by safeguarding assets from seizure. And also it’s protected the assets from potential creditors, government expropriation, excessive taxation and catastrophic loss that can happen on the personal level and/or the operational company.

The benefits based on Assets Protection Vehicles are in the UAE very vast.

Those are the 0% corporate and personal taxation, ability to obtain Tax Residence Certificate ( access to the growing number of double tax treaties 115 in force), no Beneficial Ownerships publicly disclosed, no publicly accessible information, the applicability of common law directives and approachability to independent courts.

Based On Assets Protections
Our Services
  • Review of offering documents and other constitutional documentation.
  • Selecting and forming the vehicle.
  • Choosing the Assets Protection Vehicle structure.
  • Selecting the Service Providers.
  • Drafting fund documents: Memorandum of Articles (MOA), Charter By-Laws, Administration agreements, Shareholder’s and Directors’ resolutions.
  • Provision for officials Ex: Directors, Guardians, Foundations council in the Foundation, SPV or in the Family Holding to reinforce substance.
  • Address Common Reporting Standard (CRS) and Know-Your-Clients (KYC) due diligence and reporting obligations.
  • Access to a wide network of contacts (Auditors, Lawyers, Tax Advisors, Banks etc).
  • Acknowledge the appropriate corporate governance framework related to Management and Administrations.
  • Monitor and comply with continuing obligations.