David Duncan, a consultant in Tilleke & Gibbins’ corporate and commercial group, has contributed the Thailand chapter in the eleventh edition of Marketing Private Funds and Discretionary Account Services, published by Deacons, the Lex Mundi member firm for Hong Kong. The publication provides a Q&A-style overview of restrictions on cross-border capital raising and marketing activities for asset managers in 16 jurisdictions, and covers the following topics:
- General Activities: Attending, speaking at, and sponsoring events; offering business cards, publications, and other information at events; inviting and paying for people to attend lunches, dinners, sporting events, and other forms of entertainment; cold calling; restrictions on marketing activities; and restrictions on frequency of visits.
- Investment Management Services: Appointing an offshore investment manager to manage a segregated mandate; restrictions on marketing activities; providing details on investment management services; responding to requests for proposals; attending “beauty parades”; requirements for agreements related to investment management services; etc.
- Unregistered Offshore Funds: Non-public offerings, and requirements under local laws and regional agreements; ongoing obligations to maintain authorization or registration of a fund; appointment of a local agent to market a fund; restrictions on providing details of a fund; etc.
- Servicing Clients: Information that may be sent to existing clients in relation to their investment portfolio or investment in a fund; and meeting with existing clients at their offices or elsewhere to discuss their investment portfolio or investment in a fund.
- Miscellaneous Information: Government departments and regulators responsible for marketing of management services and investment funds, and principal governing legislation.