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Fund Offering Memorandum

Fund Offering Memorandum Template for Saudi Arabia

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Key Requirements PROMPT example:

Fund Offering Memorandum

"I need a Fund Offering Memorandum for a Sharia-compliant real estate investment fund targeting institutional investors in Saudi Arabia, with a planned launch date of March 2025 and minimum investment of 1 million SAR."

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Document background
A Fund Offering Memorandum is a crucial document required by the Saudi Capital Market Authority (CMA) for establishing and marketing investment funds in Saudi Arabia. This comprehensive document serves as both a regulatory compliance document and a marketing tool, providing potential investors with all material information needed to make an informed investment decision. It must comply with the CMA's Investment Funds Regulations and, where applicable, Sharia principles. The memorandum includes detailed information about the fund's investment strategy, risk factors, fees and expenses, management structure, and operational procedures. It is typically used when launching new investment funds, whether public or private, and must be updated periodically to reflect any material changes in the fund's structure or operations.
Suggested Sections

1. Important Notice: Legal disclaimers and regulatory statements required by CMA

2. Directory: Contact details of key parties including Fund Manager, Custodian, Auditor, and Legal Advisor

3. Executive Summary: Overview of key fund features and investment highlights

4. Definitions: Comprehensive glossary of terms used throughout the document

5. Fund Details: Core information including fund name, type, objectives, and strategy

6. Risk Factors: Detailed disclosure of all material risks associated with the investment

7. Subscription and Redemption: Procedures and terms for buying and selling fund units

8. Fees and Expenses: Complete breakdown of all charges, fees, and expenses

9. Fund Management and Governance: Details of fund management team, board, and governance structure

10. Investment Policies and Restrictions: Detailed investment strategy, restrictions, and compliance with Sharia principles

11. Rights and Liabilities: Rights of unitholders and extent of their liability

12. Valuation and Pricing: Methods and frequency of NAV calculation and unit pricing

13. Distribution Policy: Policy regarding distribution of income or capital gains

14. Tax Considerations: Overview of applicable tax implications

15. Reports and Accounts: Information about financial reporting and unitholder communications

16. Termination and Liquidation: Circumstances and procedures for fund termination

Optional Sections

1. Sharia Investment Guidelines: Detailed Sharia compliance criteria and oversight (required for Sharia-compliant funds)

2. Foreign Investment Provisions: Specific provisions for foreign investors (required if marketing to international investors)

3. Secondary Market Trading: Trading procedures and rules (required for closed-ended traded funds)

4. Property Details: Detailed property descriptions and valuations (required for real estate funds)

5. Private Placement Provisions: Additional requirements for private placement (if not publicly offered)

6. Multiple Share Classes: Details of different unit classes and their rights (if offering multiple classes)

Suggested Schedules

1. Subscription Agreement: Form of subscription agreement including KYC requirements

2. Sharia Guidelines: Detailed Sharia investment guidelines and criteria

3. Financial Projections: Historical performance and projected returns (where applicable)

4. Service Provider Agreements: Summary of material terms of key service provider agreements

5. Valuation Methodology: Detailed explanation of valuation methods and procedures

6. Tax Opinion: Detailed tax analysis and implications

7. Due Diligence Summary: Summary of due diligence findings (for specific asset types)

8. Investment Committee Charter: Terms of reference for the investment committee

9. Auditor's Report: Independent auditor's report and financial statements

10. CMA Approvals: Copies of regulatory approvals and licenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
Clauses







































Relevant Industries

Financial Services

Investment Management

Asset Management

Islamic Finance

Private Equity

Real Estate Investment

Infrastructure

Venture Capital

Healthcare Investment

Technology Investment

Energy Investment

Industrial Investment

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Product Development

Operations

Client Relations

Finance

Marketing

Due Diligence

Islamic Finance

Portfolio Management

Relevant Roles

Chief Investment Officer

Fund Manager

Compliance Officer

Legal Counsel

Investment Analyst

Portfolio Manager

Risk Manager

Sharia Compliance Officer

Chief Financial Officer

Investment Director

Product Development Manager

Relationship Manager

Operations Manager

Due Diligence Officer

Investment Committee Member

Board Member

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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