Frequently Asked Questions about Investment Funds and Securities
Q: Is there a concept of "accredited investor"?
Yes. Examples of an "accredited investor" includes, inter alia:
(i) any bank licensed in The Bahamas, whether acting in its individual or fiduciary capacity;
(ii) a broker-dealer or securities investment advisor licensed in The Bahamas and acting for its own account;
(iii) an insurance company licensed in The Bahamas;
(iv) a fund licensed in The Bahamas;
(v) any natural person whose individual net worth or joint net worth with that person's spouse at the time of purchase exceeds one million dollars; and
(vi) any natural person who had an individual income in excess of two hundred thousand dollars in each of the two most recent years or joint income with that person's spouse in excess of three hundred thousand dollars in each of those years and has a reasonable expectation of reaching the same income level in the current year.
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Q: What is a non-Bahamas based fund?
A non-Bahamas based fund is one which does not satisfy the definition of Bahamas-based fund. Any non-Bahamas based fund offering its securities in The Bahamas is required to appoint a representative in The Bahamas which representative must be approved by the Securities Commission. A non-Bahamas based fund that has some other nexus to The Bahamas other than being sold in The Bahamas, that is, if its custodian or investment manager/investment advisor is in The Bahamas, such fund is required to notify the Securities Commission in writing of its nexus within 14 days of the start of such relationship.
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Q: Is there a securities exchange in The Bahamas?
Yes, there is the Bahamas International Securities Exchange ("BISX").
Q: Are all public companies required to be listed on a local exchange?
No, this is not a requirement but all public companies that are listed would be, in addition to having to comply with the requirements in the SIA and the SIR applicable to public companies, required to comply with and adhere to the BISX rules as they relate to publicly listed companies.
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Q: Is there a regime for the listing of foreign mutual or investment funds in The Bahamas?
Yes, there is such a regime. Such funds can be listed on BISX provided that the requirements for listing are complied with.
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Q: Are there exchange control or currency restrictions?
Yes. Persons who are or who are deemed "resident" for Bahamian Exchange Control purposes cannot purchase foreign or non-Bahamian securities without the prior permission of the Central Bank of The Bahamas. Moreover, persons who are or who are deemed "non-resident" for Bahamian Exchange Control purposes cannot purchase Bahamian securities without the prior approval of the Central Bank of The Bahamas.
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