Rigby says: "This range of fund regulation by the Jersey Financial Services Commission (JFSC) reflects the historic development of Jersey’s funds industry and the JFSC’s willingness to adapt regulation to reflect changing markets.
"As the industry grew in the 1980s, funds generally targeted retail investors, investing in assets such as equities, currencies and commercial real estate. The regulatory regime that was created involved close JFSC scrutiny of the fund’s promoter, full JFSC review of fund documentation and statutory investment restrictions.
"As investors and investment strategies in Jersey funds have become more sophisticated, the JFSC has introduced a number of lighter touch regimes and has refocused on regulating local providers of services to Jersey funds rather than the funds themselves."
Three top performers domiciled in Jersey, recognised and authorised by FSA
Under the new regime there are two types of unregulated fund on offer in Jersey - unregulated eligible investor funds (UEIFs) and unregulated exchange traded funds (UETFs). Aimed at sophisticated investors, these products require an initial minimum investment of £500,000 and, while UEIFs may be open or closed-ended, UETFs must be closed-ended.
The vehicles are seen as attractive because there is no limit on the number of investors that can participate while there are no investment or borrowing restrictions. Clearly these are high-risk products, though, which is why they are only available to sophisticated investors. The same can be said for Ireland's qualifying investor fund (QIF) scheme.
Kevin Murphy, head of the investment funds group at Dublin-based law firm Arthur Cox, points out that, as their name suggests, QIFs are only available to qualifying investors - those with a minimum net worth in excess of £990,000.
QIFs are not subject to any kind of Irish tax, and Murphy points out that the choice of products available has grown significantly since the Irish regulator introduced a one-day authorisation process last year.
In terms of the kind of asset classes these funds invest in, Murphy says: "The shift away from collateralised debt obligations and asset-backed securities to equity has led to an increase in bank loan funds, leveraged loan funds and funds replicating the investment portfolios of certain CDOs and ABS.
"Promoters that have traditionally operated in the UCITS regime are now seeking to take advantage of core investment competencies in bank loans and long/short expertise by establishing QIFs that can take greater advantage of such investment styles than Ucits.
"In doing so, the promoter can complement its UCITS offering by offering its clients greater exposure to its core investment competencies through investment in their QIF products."