Investment Fund Governance Lawyers

Our Fund Governance Advisory team advise investment funds and private equity fund boards, general partners, trustees, independent directors and non-executive directors, regarding their responsibilities, duties, obligations and liabilities collectively and individually.

Our highly experienced team regularly collaborate with our market leading Fund Disputes team and the Global Fund and Investments Services team; who are experts in fund formations, to deliver a comprehensive and insightful service on all fund governance issues. We also support investors in their due diligence reviews of international investment funds and private equity funds.

Our team also provide advice to:

  • Service providers to offshore funds on any regulatory concerns they may have in relation to their fund clients. This service covers advice over the life of the offshore fund, from the set-up phase, through operation, to distressed situations and termination.
  • Investors in connection with their investment in offshore investment funds and private equity funds.

In addition, we also advise Fund Boards and Investment Managers:

  • In the set-up phase – undertaking an independent review of the fund offering document and constitutional documents (including investment management agreements) and advising on consistency and market practice
  • Advising in relation to distressed situations, informal wind-downs and termination options
  • Providing guidance on the scope and applicability of directors’ duties, the duties of a general partner or other governing body
  • Assisting the fund board in the negotiation and consideration of the terms of side letters
  • Advising on the identification and management of conflicts of interest
  • Guiding the board on appropriate levels of oversight and enquiry of delegated functions and the establishment of committees
  • Providing assistance on the development of policies and procedures for the fund
  • Advising on regulatory governance issues
  • Reviewing and advising on directors & officers’ insurance (D&O)

Advise investors & service providers:

  • Conducting investor reviews of fund offering documents and constitutional documents (including investment management agreements) and advising on consistency and market practice
  • Assisting investors in the negotiations and consideration of the terms of side letters
  • Advising in relation to distressed situations, informal wind-downs and termination options
  • Advising service providers in relation to reporting requirements to regulatory authorities, tipping-off and other regulatory matters relevant to their role in relation to fund clients
Our Experts
  • All
  • Mauritius (4)
  • Hong Kong (4)
  • Isle of Man (3)
  • Guernsey (5)
  • Seychelles (1)
  • Jersey (3)
More news
Appleby-Website-Corporate-Practice
4 Feb 2026

Key Developments in the BVI Beneficial Ownership Regime

The BVI Business Companies and Limited Partnerships (Beneficial Ownership) (Amendment) Regulations, 2025 (the “Amendment Regulations”) were gazetted and came into effect on 1 July 2025.  The Amendment Regulations introduced important changes and additions to the BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 (the “BO Regulations”) including, amongst other changes:   providing additional categories of entities that are exempt from the requirement to file beneficial ownership information with the BVI Registrar of Corporate Affairs (the “Registrar”);   changing the threshold for determination of a “subsidiary” in the relevant exemption from “more than 75%” to “75% or more”; the introduction of provisions for the imposition, effect of and withdrawal of restrictions notices;  the introduction of criteria for legitimate interest access to beneficial ownership information together with a process to apply to the Registrar for an exemption from the disclosure of beneficial ownership information; and  the addition of further penalty provisions in Schedule 3 to the BO Regulations. Transitional provisions: The Amendment Regulations provide that for legal entities incorporated, registered or continued prior to 1 July, 2025, they must be in compliance with the Amendment Regulations within 6 months (by 1 January 2026).  Entities that failed to make their filings by the due date will not be considered to be in good standing.  However, there is a moratorium on filing fees and penalties until 31 March 2026. In addition, applications for inspection of, or a copy of an entry in, a beneficial ownership register (BO Register) will not be accepted before 1 April 2026.  Persons may apply for an exemption from disclosure of beneficial ownership information from 2 January 2026.

Appleby-Website-Corporate-Practice
4 Feb 2026

The New Crypto-Asset Reporting Framework – Relevance for Cayman Investment Funds

The Tax Information Authority (International Tax Compliance) (Crypto-Asset Reporting Framework) Regulations, 2025 (CARF Regulations) came into effect on 1 January 2026 and provide for the collection, reporting and automatic exchange of information on transactions in crypto-assets.  The CARF Regulations will operate in a similar fashion to the existing Cayman Common Reporting Standard (CRS) regime which facilitates the automatic exchange of financial account information.  For information on recent changes to the CRS, please see our December advisory here.

Website-Code-Jersey-2
28 Jan 2026

Fund Finance Laws and Regulations 2026 – Jersey

The Appleby Jersey team provides comprehensive insight into legal trends and developments in the fund sector in 2026.

Appleby-Website-Fund-Finance
28 Jan 2026

Fund Finance Laws and Regulations 2026 – Mauritius

The Mauritius fund industry demonstrated significant resilience and adaptability in 2025, successfully navigating a complex period of global tax reform and heightened regulatory standards. The year was defined by the integration of the 2025 Finance Act’s new tax framework (including the Qualified Domestic Minimum Top-Up Tax, or QDMTT) and a reinforced focus on economic substance, such as the two resident director rule for global business companies (GBCs). This pivot has further solidified the jurisdiction’s move from a tax-led financial centre to a substance-based one. Private equity and debt funds, particularly those focused on African and Asian markets, continue todominate the landscape, with Mauritius retaining its top-tier ranking as an investment gateway for Africa. The variable capital company (VCC) structure remains a popular choice for its flexibility, supplemented by a mature ecosystem of legal and administrative experts.

Appleby-Website-Regulatory-Practice
27 Jan 2026

CIMA Launches Prudential Information Survey for SIBA Registered Persons

The Cayman Islands Monetary Authority (CIMA) has published a General Industry Notice launching a new Prudential Information Survey for Registered Persons under the Securities Investment Business Act (SIBA) of the Cayman Islands.

Appleby-Website-Insurance-and-Reinsurance
23 Jan 2026

Bermuda: Chambers Insurance & Reinsurance Guide 2026

The guide provides the latest information on sources of insurance and reinsurance law, overseas-based insurers or reinsurers, making an insurance contract, intermediary involvement, alternative risk transfer (ART) transactions, warranties, conditions precedent, insurance disputes and insurtech.