VCC – The Structure
Versatile & flexible
A VCC, versatile and flexible, is essentially a fund which can carry out its business through its sub-funds. A VCC can have a single sub-fund and ancillary SPVs to the sub-fund, or it can be set up as an ‘umbrella fund’ with various sub- funds with ancillary SPVs. This provides a vast avenue for structuring of Investment Funds.
CIS or closed-end funds
The sub-funds can operate as collective investment schemes or closed-end funds, whilst the SPV can only operate as a vehicle ancillary to the VCC or a sub-fund of the VCC.
Incorporation & Conversion
The legislation is flexible in that it not only allows the incorporation of a VCC in Mauritius but also provides for the conversion of any existing company to a VCC and the continuation of a foreign company as a VCC in Mauritius.
Financial Institution
The VCC, as any other company, will be subject to the Income Tax Act 1995. A VCC is also considered as a financial institution under the Financial Intelligence and Anti-Money Laundering Act 2002.
Key Features of the VCC
The assets and liabilities of the sub-funds and SPVs are segregated. Assets attributable to a sub-fund or SPV are therefore protected from the creditors of a VCC who are not creditors to that sub-fund or special purpose vehicle. However, assets or liabilities which are not attributable to any particular sub-fund or special
purpose vehicle can be assigned to the other sub-funds or SPVs of the VCC.