ARTICLE
26 April 2021

Cayman Islands Private Funds Act Extension To Filing Deadline For Audited Accounts

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Walkers

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Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
CIMA has extended the deadline for Cayman Islands registered private funds to file their audited accounts and submit their fund annual return to 30 September 2021.
Cayman Islands Finance and Banking
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CIMA has extended the deadline for Cayman Islands registered private funds to file their audited accounts and submit their fund annual return to 30 September 2021.

Overview

Cayman Islands fund vehicles registered as private funds with the Cayman Islands Monetary Authority ("CIMA") under the Private Funds Act (as amended) (the "PFA") are required to have their accounts audited annually by a CIMA-approved auditor and to submit the audited accounts, together with a fund annual return ("FAR"), each year to CIMA. These filings must be made within six months of a private fund's financial year end. CIMA has now extended the deadline for these filings to 30 September 2021.

Fund Annual Return

The Private Funds (Annual Returns) Regulations, 2021 (the "Regulations") have recently been published. The Regulations set out the information a registered private fund must provide to CIMA, including in respect of each of the fund's related fund entities, alternative investment vehicles and sub funds.

Extension of filing deadline

The prescribed FAR form has not yet been published. On 19 April 2021, CIMA issued a notice confirming that CIMA expects to release the template FAR form by 30 June 2021.

CIMA has therefore extended the deadline for filing the audited accounts and FAR for registered private funds to 30 September 2021 (the "Extension Period") for those funds which would otherwise have an obligation to file.

CIMA has also confirmed that registered private funds will not be subject to any related penalties for non-compliance with the audit obligations set out above during the Extension Period.

Position for registered mutual funds is unchanged

The extension of the deadline applies only to registered private funds. Mutual funds with a financial year end of 31 December 2020 are still required to file their audited financial statements and the mutual fund version of the FAR by 30 June 2021. Mutual fund operators should note that CIMA updated the template FAR for mutual funds in late 2020, and will now only accept submissions in the new form (Version 4.0).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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