This year, the Jersey Expert Fund regime marks 20 years since its inception. Here, members of the Jersey Funds Association give their thoughts on how the regime has galvanised Jersey’s proposition in the alternative investment space, and why the structure remains such a popular solution amongst fund managers today …

Q: The Jersey Expert Fund Regime came into being in 2004 - what was the thinking back then in introducing such a product?

Joel Hernandez, Vice-Chairman of the Jersey Funds Association and Chair of the JFA Legal & Technical Sub-Committee (JH): The Jersey Expert Fund regime can best be described as an innovative leap forward for the Island’s funds industry back in 2004. It was introduced to allow more flexibility for fund and asset managers as well as to provide a genuine speed-to-market advantage.

It did this by relaxing a number of policies and rules on the structure and operation of the fund with the aim of creating an attractive and popular route for abroad range of asset classes, including private equity, property and hedge funds as well as other funds investing in alternative asset classes.

Q: What did the Expert Fund Regime add to Jersey’s funds landscape, and what impact did it have on managers and investors?

Daniel Birtwistle, Managing Partner - Jersey, Mourant (DB): Having acted on the very first Jersey Expert Fund back in 2004, it was clear that a key element of the new regime was its ability to authorise a regulated investment fund within 72 hours.

Michael Johnson, Chair of the Jersey Funds Association (MJ): Previously, that authorisation process might have taken weeks. It was a fundamental change and truly a game changer for Jersey. As a testament to the regime, hundreds of Jersey Expert Funds have been launched over the past 20 years, and this includes some of the world's largest investment funds.

‍DB: It’s certainly the case that, twenty years later, there are still very few jurisdictions that can match the speed and flexibility of Jersey's Expert Fund regime.

Q: How significant was the introduction of such a regime for Jersey?

JH: It was an immediate success. A significant number of real estate funds we relaunched after its introduction and many of those funds continue to this day. More recently, Jersey Expert Funds have been used for sizeable private equity fund launches, with subscriptions reaching into the billions.

The regime helped solidify Jersey's reputation as a market-leading funds domicile, particularly in the alternatives space. When combined with the flexibility of fund vehicle choice – whether it be a Jersey unit trust, corporate entity or partnership - and experienced Jersey fund administrators, it’s a regime that continues to provide fund managers with all the key ingredients for the success of their investment fund. In a sense, it was a regime that was ahead of its time.

‍

Q: How has use of the regime evolved over the last two decades?

JH: The regime has withstood the test of time with very little change needed to refine it over the last 20 years and it continues to be a product-of-choice for some of the world's largest fund managers.

The regime did however need to evolve following the introduction of the Alternative Investment Fund Managers Directive (AIFMD). As another clever solution, Jersey's regulatory framework was adjusted to provide for an additional regulatory "overlay" to allow Jersey Expert Funds to be marketed to EEA investors under the various European national private placement regimes under AIFMD. These amendments ensured that Jersey continued to have a place with European investors who could still benefit from investing in Jersey Expert Funds.

Q: So how does the regime sit now within Jersey’s full armoury of fund regimes?

MJ: The Jersey Expert Fund regime continues to be one of the Island’s cornerstone products for fund and asset managers. It is an example of Jersey’s forward-thinking and innovative approach, and ability to being products to market to meet demand.

Overall, the regime tends to suit larger investment funds with 50 or more investors orthose fund managers looking for a fund product with non-intrusive fund regulation. It also perfectly complements Jersey's other success story, the Jersey Private Fund regime, which provides for 50 or fewer investors, with both products forming key elements of Jersey's compelling offering.

Although 20 years old this year, there’s plenty of life left in the regime yet.

‍