Simon Schilder
Partner | Legal
British Virgin Islands
Simon Schilder
Partner
British Virgin Islands
For emerging managers, choosing the right domicile can have a significant impact upon the likelihood of success of their fund, affecting fundraising, investor confidence and operational efficiency.
The British Virgin Islands (BVI) has a proven track record for championing emerging investment managers, particularly those coming to market launching small and mid-cap funds. Indeed, among its offering, the BVI has a number of categories of licensed products which have been specifically designed to cater for the needs of emerging investment managers. These include the incubator fund, approved fund and approved manager regimes, all of which offer relatively low-cost and regulatory-flexible alternatives to other BVI regimes that focus on the more institutional end of the market.
In this briefing, our BVI Investment Funds team discuss the key challenges faced by emerging managers when launching funds. They also explore how the BVI is well placed to support them.
When selecting a fund domicile, the needs of emerging managers can be very different to those of more established managers.
In our experience, emerging managers will generally assess the suitability of a fund domicile against the following key factors.
While still raising assets and building operational frameworks, emerging managers will typically be operating to much tighter financial constraints when compared to established managers. This fund launch may represent the first time that the manager has formally raised capital from outside investors. As such, the emerging manager is likely to have much greater constraints around both its resourcing and infrastructure, making it critical to identify an economical solution to come to market which strikes the correct regulatory balance with the expected size of the fund and its investor audience.
With several fund products designed specifically for emerging managers, the BVI offers a regulatory framework tailored to their needs, while maintaining robust governance standards.
The BVI’s modern and evolving regulatory framework avoids a prolonged licensing process (approvals typically taking 10 to 14 days from the point of filing with the BVI Financial Services Commission, rather than months). This provides emerging managers with the comfort of knowing that once the fund set-up is ready, with the subsequent licensing process fairly short and certain, they can swiftly progress to fundraising.
For emerging managers raising funds with limited capital pools, including those pursuing exotic strategies such as crypto and Web 3, the incubator fund and approved fund products have proven particularly popular for their cost efficiency and speed.
Affordability, often coupled with tight investment timelines, means that identifying a fund domicile providing a cost-effective and time-effective solution is fundamental to the success of the fund launch.
Emerging managers are looking to build trust with investors and want to give their launch the right level of credibility to support fundraising and the long-term marketability of the fund. As such, identifying a credible fund domicile with the appropriate financial services infrastructure is paramount.
Emerging managers can be confident that in choosing to launch their fund in the BVI, they will be utilising a jurisdiction known and understood by their investor audience. As a British Overseas Territory, the BVI represents a politically stable international finance centre, with strong international trade and diplomatic relationships and a legal system based on English common law.
Investors will also be reassured by its modern regulatory framework, supported by its independent and sophisticated regulator, the BVI Financial Services Commission (BVI FSC).
Emerging managers need to know that their jurisdiction of choice has a history of facilitating efficient new fund launches and the experience available within the domicile to meet their subsequent regulatory and commercial needs.
Based on the BVI FSC's most recently published statistics, as at 30 June 2026 there were 2,296 funds licensed by the BVI FSC, of which 183 funds were registered as incubator funds and 490 funds were registered as approved funds. The bulletin shows 1,504 investment managers, with 1,438 registered as approved investment managers.
BVI structures are being widely used throughout the world by investment managers in all asset classes and as such, benefit from being familiar to to many investor audiences.
Assuming their first launch is successful, emerging managers will also be looking ahead to future fund launches and new strategies – they need be confident that their domicile of choice can support them at every stage of their growth.
While some emerging managers will find their niche and choose to remain active in the small / mid-sized end of the industry, others will wish to develop and grow into larger managers, and the BVI has a track record of supporting such managers as they grow.
For those emerging managers utilising the incubator fund or approved fund categories for their first launches, the process to convert those funds into professional funds or private funds (representing 859 and 276 of the BVI's 2,296 regulated funds) is well trodden and understood.
For many emerging managers, the most popular fund products to utilise for smaller launches will be either the incubator fund or the approved fund. When it comes to larger launches, many managers will turn to the professional fund or the private fund.
Since incubator funds must be converted to another category within a set two-year timeframe (extendable by a further year at the BVI FSC's discretion), they are usually favoured by emerging managers launching with a very limited capital pool (often with friends and family money). These managers are wanting to utilise a light touch regulatory platform while they develop their investment strategy and build a performance history.
Approved funds have no term limit and are frequently used by emerging managers with an established investment strategy and likely long-term fixed investor pool, together with family offices.
For emerging managers looking to launch as either a professional fund or a private fund, the determinator for the choice between these two categories is usually whether the manager wishes to accept subscriptions below US$100,000, as a professional fund has a hard US$100,000 minimum investment limit. The regulatory regime applicable to professional funds and private funds is substantially the same (save for the requirement that investors into professional funds must be professional investors investing at least US$100,000).
| Incubator funds | Approved funds | Private funds | Professional funds |
Investor profile | “Sophisticated private investors” | No restrictions | No restrictions | "Professional Investors" only |
Minimum investment | US$20,000 | No prescribed minimum investment level | No prescribed minimum investment level | US$100,000 (or currency equivalent) |
Maximum AUM | US$20 million (or currency equivalent) | US$100 million (or currency equivalent) | No restrictions | No restrictions |
Maximum number of investors in the fund | 20 | 20 | 50, unless offers made on a "private basis" only | No restrictions |
Term limit | Must convert to another category after two years | None | None | None |
Audit requirement | No | No | Yes | Yes |
Mandatory service providers | No | Yes, must have a fund administrator | Yes, must have an investment manager, fund administrator and custodian (but exemptions are available) | Yes, must have an investment manager, fund administrator and custodian (but exemptions are available) |
Learn more about how the BVI’s incubator fund regime can support emerging managers:
Start-up investment managers – what are the benefits of the BVI's incubator funds regime?
Learn more about the full range of BVI fund structuring options available:
At a glance guide to BVI fund structuring options
Ogier' experienced BVI Investment Funds team supports managers at all stages of their lifecycle, including start-up and emerging managers working on their early-stage fund launches.
Our funds specialists are trusted advisers to leading private equity, venture, credit and hedge fund managers operating throughout the world.
Given the global usage of BVI structures, we have BVI qualified lawyers in our offices across all time zones. Our team can respond promptly to emerging manager requests as they arise, allowing them to seize current market opportunities.
Contact the authors of this briefing to learn more about the advantages of domiciling your fund in the BVI and how our specialist team can provide tailored support for your new manager needs.
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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