The funds sector is one of the most successful specialist activities of Jersey’s finance industry and is a leader of Islamic asset management. Jersey is a preferred domicile for developed asset classes such as real estate, private equity, commodity and equity for Islamic Fund mandates.
Funds in Jersey are regulated depending on the type of investors the fund has and also whether or not it is closed or open ended. Sophisticated or institutional investors are subject to a lighter regulatory framework provided that the offer document makes the risks involved in the fund clear.
Establishing Shariah-Compliant Funds
Establishing a Shariah-compliant fund in Jersey is a very flexible process and can take the form of any of the legal structures available for the establishment of investment funds, including a limited company, protected/incorporated cell company, unit trust, or limited partnership. All funds in Jersey, including Shariah-compliant funds, are taxed at 0%.
Shariah Supervisory Boards
The necessity to appoint a Shariah Supervisory Board to provide guidance regarding Shariah law and compliance is a process which Jersey is experienced in. A number of Shariah-compliant funds have been managed in Jersey, from set up and administration to audit. Jersey’s local professionals are experienced in the specific requirements of the Shariah Supervisory Board including the preparations leading up to issue of the fatwa, to the requirement for ongoing advice on the monitoring of the Shariah element of the fund investments. In Jersey there are legal, administrative and accounting experts who understand and embrace the role of the Shariah Supervisory Board and can prepare the structuring of a fund in line with complex requirements.
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