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Amendment To The Collective Investment Scheme Regime.




On 15 July 2008 an order amending the collective investment schemes ("CIS Cis (sĭs), same as Kish (1.)


(1) (CompuServe Information Service) See CompuServe.

(2) (Card Information S
") regime came into force.

The CIS regime prohibits persons from establishing, operating or winding up a CIS unless they are authorised Adj. 1. authorised - endowed with authority
authorized

lawful - conformable to or allowed by law; "lawful methods of dissent"

legitimate - of marriages and offspring; recognized as lawful
 by the FSA FSA Financial Services Authority
FSA Food Standards Agency (UK)
FSA Farm Service Agency (USDA)
FSA Financial Services Agency (Japan) 
. The Financial Services The examples and perspective in this article or section may not represent a worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
 and Markets Act 2000 (Collective Investment Schemes) Order 2001 (the "Exemption Order") sets out certain arrangements that are exempt and can therefore be established, operated and wound up without the involvement of an FSA authorised entity.

One of these exemptions (paragraph 9 of the schedule to the Exemption Order) has been revised, in order to clarify some ambiguities in the old wording. These ambiguities were in relation to whether:

using special purpose vehicles could cause such arrangements to fall outside of the exemption; and

participants who participate in a number of such arrangements could find that they fall outside of the exemption.

The effect of the new exemption is to make it easier to structure joint ownership arrangements in a way that avoids the CIS regime. It therefore offers the potential for simpler structures that are cheaper to set up and operate. While the amendment was initially aimed at residential real estate investment structures, it has general application to commercial real estate and other joint ownership structures.

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The original publication date for this article was 16/07/2008.

Mr Barney Hearnden

CMS Cameron McKenna CMS Cameron McKenna LLP (sometimes referred to as Camerons or, internally, CMCK) is an international law firm with over 130 partners and offices throughout the United Kingdom and Central and Eastern Europe, with branch offices in Bristol (established in  LLP LLP - Lower Layer Protocol  

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Publication:Mondaq Business Briefing
Geographic Code:1USA
Date:Jul 21, 2008
Words:355
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