Notary Public Services for Affidavit for Use in Cayman Islands

Case Study

The director or administrator (who is located in Hong Kong) of the vehicle operating Cayman Islands Investment Funds would be required from time to time to sign Affidavit in front of Hong Kong Notary Public for filing with the Cayman Islands Monetary Authority (CIMA) to comply with the regulations under the Mutual Funds Law.

A mutual fund is any company, trust or partnership either incorporated or established in the Cayman Islands, or if outside the Cayman Islands, managed from the Cayman Islands, which issues equity interest redeemable or repurchaseable at the option of the investor, the purpose of which is the pooling of investors' funds with the aim of spreading investment risk and enabling investors to receive profits or gains from investments.

Hedge funds also fall within the definition of a mutual fund and are covered by the Mutual Funds Law.

An example of the common vehicle used for operating the Mutual Funds are Exempted Company.

Some of the Typical Affidavits which need to be signed by in front of the Hong Kong Notary Public for filing with CIMA are:

• Affidavit for Cancellation of Registration / Deregistration of the Funds (eg when the Funds has ceased to carry on business and is applying for Liquidation)

• Affidavit for Audit Waiver

• Affidavit for authorizing online agent for sending electronic records to CIMA

 

Please email us the following constitutional documents of the Fund before making an appointment with our Notary Public for the notarization of the Affidavit :

1. Certificate of Incorporation 

2. Certificate of Incorporation on Change of Name (if any)

3. Register of Directors

4. Register of Members

5. Most Recent Certificate of Incumbency 

6.  HKID / Valid Passport of the director / administrator of the Funds

7. Authorization of the Funds giving authority to the director / administrator to sign the Affidavit for and on behalf of the vehicle of the Funds

 

For Hong Kong Solicitor, Notary Public & China Certification or Attestation services, please contact Chow & Cheung, Hong Kong Solicitors, Notary Public & China Appointed Attesting Officers.

Tel: + 852 2856 3799  Email: cac@ccsn.hk

www.ccsn.hk

The above contents do not constitute legal advice. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship between Chow & Cheung and the user or browser and/or any third party. Chow & Cheung is not responsible for any third party content which can be accessed through the website.