Due Diligence Resources
for Foreign Mutual Funds
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The
following question and the replies are from the Free Jacobs
Report email newsletter
We welcome additional suggestions for on-line resources to locate and
evaluate various offshore mutual funds.
QUESTION: Do you have knowledge of
a website (or other service) that
evaluates offshore funds (non-USD denominated) in the way that
Morningstar does
here in the US?
I am particularly interested in information in euro-based hedge funds
and
Australian and New Zealand
funds of any sort.
Response
from a
Financial Planner Who Lives in Bermuda
Best
website for this query on offshore funds is www.funds-sp.com
You can use the
free section.
One can also register as a small investor with a password and get a bit
more
content. The professional section is too expensive for the ordinary
citizen
investor. This is Standard and Poors rating service, it lists US and
...........all
others, with exception of some Canadian mutual funds providers, are
here.
Also, I use Bloomberg for
institutional investors, not generally
available to
the public, although their Bloomberg.com is pretty good at finding
some.....you
have to know the exact ticker though.
Sometimes, I also use Lipper,
but they do not carry anyway near enough
funds.
Schwab International also has a
website that carries probably the
twenty most
popular offshore funds (they are just Chinese wall twins of US ones)
but the
rating criteria is very, very skimpy, no peer rating, etc.
Regarding PFICs - Ill
let you
address that one, but we both know that this is a complicated and
serious
issue. Generally, (in Bermuda) we will not sell
offshore
funds to US investors because of the reporting requirements and the
segregation
of US persons.
Martha Harris Myron CPA/PFS CFP(r) - United
States licenses
Email:
marthamyron@northrock.bm
This
Reply is from
an Offshore Fund Manager
As the manager
of an offshore fund I can tell you that the data sources on the
industry are
confusing at best. Bloomberg has a lot of information available to its
subscribers and they scrub their data pretty well; but to my knowledge
they do
not verify it. The Financial Times similarly has a lot of data
available on its
website.
At the risk of
an overly hasty generalization, I
would say that most offshore funds do not provide PFIC accounting and
do not
welcome US onshore taxable entities as shareholders. Certainly we do
not,
simply because we cannot risk tainting the fund. Further, as an
investor, one
does not really want to be in an entity where the tax incidence of the
fund
owners is mixed. This is a complex issue that could be addressed at
another
time. But simple reflection should lead to the conclusion that one
wants to
invest with like-situated fellow investors. If one is taxable one wants
to be
in a fund where the manager thinks about taxes. If one is not taxable,
one
would prefer a fund where the manager invests without tax
considerations. In
reality, because of withholding taxes on interest and dividends, and in
some
cases, capital gains, there is no such animal as a purely tax-exempt
investor!
Most
legitimate, and I use that term advisedly,
managers of hedge funds and mutual funds provide separate investment
vehicles
for US and non-US investors. Most, but by no means all. Some managers
simply do
not want to get involved with the hassles of registering with the SEC
and
complying with US regulatory requirements. That does not mean they are
unethical or shady in any way. But of course those exist in abundance
in the
offshore world as well.
Another Link Suggestion
One of the list
members suggested the following link for information about offshore
funds. I have not taken the time to review this site or to check it out.
http://www.turtletrader.com/ir3.html
Suggestions from a U.S. Investment Advisor
I use the three sites listed below as a
great starting point in researching offshore funds. Many times, once
you have identified a fund that meets your criteria, you will then find
a link to the individual fund families website where you can get
additional information.
I urge
caution when doing this though as my experience has shown me many
investors will simply look for what fund seems to have had the best
performance recently. Purchasing a fund based solely upon its past
performance can have disastrous results. It is just as, if not more
important, to know where we are currently at in the economic and market
cycle as this will drive the sectors and styles of the markets likely
to perform well going forward. If used properly it can help an investor
avoid chasing a fund that has already made its move and may be ready to
rotate out of favor. To get a feel for where we are currently at in the
economic cycle I would use the following link. Granted it only shows
the US market but it can still be a useful tool for getting an overall
feel for where we might currently be.
Larry C. Grossman, CFP®, CIMA
Managing Director
Sovereign International Asset Management
www.worldwideplanning.com
727-784-4841
727-784-6181 fax
Follow Up Comments by Vern
Jacobs
It would
be enormously easier, less
expensive and less risky
to invest in various U.S.
mutual funds that in turn invest in foreign mutual funds. But for
those who
for their own reasons are determined to invest directly in foreign
funds that
are not sold on U.S.
securities markets, here are some comments and observations that might
be
useful.
For those who are not familiar
with the problems U.S. persons have of
buying
foreign securities or funds, the U.S. Securities and Exchange
Commission (SEC)
requires the issuer of most kinds of securities from being sold or
marketed to
U.S. prospects without first being registered. Registration requires a
great
deal of disclosure and is a very time consuming and expensive process
for those
who issue or market securities. In addition, every one of the 50 states
has an
agency that regulates the sale of securities to residents of their
state. Thus,
if the issuer of a security wants to be able to sell that security to
anyone
throughout the U.S.,
they have to pay the costs of registration with 50 state agencies as
well as the SEC.
However, there are a few
exceptions that are available. To a very
limited
extent, un-registered securities can be sold to what are known as
accredited
investors. These are investors who certify that they have a minimum
income of
$200,000 per year and a net worth of at least $1 million. They must
also
certify that they are sophisticated investors who do not need the help
of the
SEC disclosure rules or that they are relying on the services of a
professional
investment advisor.
Another exception applies where
the security is not sold or promoted in
the U.S.
and where the U.S.
citizen or resident actually leaves the U.S.
to arrange to buy the product on foreign soil.
Issuers of foreign securities
rarely want to incur the enormous costs
of
registration with the SEC and the 50 state security regulatory
agencies. And Im
told that if they do sell unregistered securities in the U.S.,
the SEC has the power to revoke their access to U.S.
security markets and banking services. Therefore, issuers of foreign
securities
(including foreign mutual funds) will go to great lengths to avoid any
appearance of selling anything to a U.S.
person.
To make matters even more
difficult for those who want to buy foreign
mutual
funds, the U.S.
tax laws impose complex and difficult requirements on U.S.
buyers of foreign funds (also known as passive foreign investment
companies or
PFICs). One of the most appealing options available to the U.S.
investor in a PFIC is to elect to treat their share of the fund income
as if it
had been distributed at the end of each calendar year. However, to do
that, the
foreign fund must disclose far more information to the U.S.
investor than most foreign funds are willing to disclose. And in many
cases,
its not so much a matter of keeping the information secret as of the
time and
cost of providing the information to U.S.
investors.
Those U.S.
persons who are determined enough to secure foreign investments or
funds must
therefore do so through a foreign intermediary entity such as a foreign
trust
or a foreign corporation. The foreign trust will have a foreign trustee
and the
foreign corporation will have a foreign manager of the corporation. And
if they
buy any foreign mutual funds, they must be prepared to cope with some
very
complicated and often onerous tax rules. (See http://www.offshorepress.com/offshoretax/otpfic.htm
and also http://www.riserlaw.com/practiceareas/assetpro/offshore/pfic.htm
and http://members.aol.com/taxguru/pfic.htm
)
I checked the www.funds-sp.com
web site
(Standard and Poors) and found that their information reports on
various
offshore funds and insurance products are available for Euro 750.
Twenty reports
per year are available for 250. Since you are buying information
rather
than investing in foreign securities, there are no prohibitions on
being able
to access the information from a U.S.
address. I was not able to find any way to determine if a report
on a
particular fund or insurance product is available, without first
subscribing to
the service.
For curiosity, I also used the
Google search engtine for information on
foreign
mutual funds.
The following is a sampling of what I found, and I did not investigate
further
except for making a phone call to Morningstar as described next. (The
problem with searching for foreign mutual funds is that you get a
lot of
links to web sites about U.S.
mutual funds that invest in foreign securities or funds.)
I checked the Internet using
Google (searching for foreign mutual
funds) and
linked to the Morningstar Mutual Funds Online web site (http://mfb.morningstar.com/
). But
I was not able to identify any segment of their web site that deals
with
offshore funds or investments. I called their support number and was
informed
that they do not provide such information.
I found one web site that
includes links to about twenty some other web
sites
dealing with foreign funds. (See http://www.combose.com/Business/Investing/Mutual_Funds/Fund_Families/Foreign_Funds/
)
One of the web sites listed on
the site above is a Singapore Investment
Advisor
and Dealer that has information about different funds. Other than that,
I know
nothing about the group. (See http://www.fundsupermart.com/main/home/aboutUs.tpl
)
I also found a link to a web
page with links to nearly all the
securities exchanges of the world. See http://www.slu.edu/departments/finance/363exch.htm
For curiosity, I also searched
for foreign hedge funds and came up with
the
following source of links to various web sites dealing with that topic.
http://www.business.com/search/rslt_default.asp?query=hedge+fund
I also did a search using the
term PFIC and found 5,500 links to
various web
pages with that acronym in the document. The PFIC acronym is not unique
to
foreign mutual funds. There are links to web sites dealing with a
medical
condition with the name of Progressive familial intrahepatic
cholestasis, a marketing
corporation with the name of PFIC, the acronym for pension fund
investment
certificate and many others. However, those who have the patience to
wade
through these 5,500 links may find links to foreign funds that have
posted
their PFIC disclosure document on the Internet. (An example is http://www.freeholdtrust.com/client/pdf/1/14/fre0810a.pdf
) If they identify themselves as a PFIC, its likely that they offer
their
shares to Americans.
But, after locating some, its
still necessary to evaluate their
performance
potential.
The Sovereign Society web site
includes a number of links to web sites
related
to international investing. I have not yet taken the time to check out
all of the
links on this web page, but you might find some helpful resources here.
(http://www.sovereignsociety.com/vmembers.php?nid=745
)
Some further comments about Due
Diligence for Offshore Investors are
available
at http://www.offshorepress.com/duediligence.htm
Vern Jacobs
www.offshorepress.com
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