How Can U.S. Hedge Fund Managers Use Passport and Mutual Recognition Initiatives to Market to Investors in Asia?

The European Union (EU) has facilitated the cross-border marketing of mutual funds through the Undertakings for Collective Investment in Transferable Securities regime.  It is also offering EU-domiciled alternative investment funds a marketing “passport” under the Alternative Investment Fund Managers Directive.  See “Four Approaches to Fund Marketing and Distribution Under the AIFMD,” Hedge Fund Law Report, Vol. 7, No. 21 (Jun. 2, 2014) (discussing marketing passports under the subheading “Private Placements”).  Countries in the Asia-Pacific region also have begun to facilitate the cross-border marketing of funds.  A recent program provided an overview of three relevant initiatives: The ASEAN (Association of Southeast Asian Nations) and APEC (Asia-Pacific Economic Cooperation) passports and the China-Hong Kong mutual recognition agreement.  See “Primary Regulatory and Business Considerations When Opening a Hedge Fund Management Company Office in Asia (Part Four of Four),” Hedge Fund Law Report, Vol. 5, No. 3 (Jan. 19, 2012).  This article highlights the primary fund marketing lessons derived from the program.  These lessons are particularly noteworthy for hedge fund managers looking to market, invest or operate in Asia.

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