Hudson James Hold an asset “type 3” licence in the BVI under the SECURITIES AND INVESTMENT BUSINESS ACT 2010.

Hudson James Investment Management is open to all nationalities except US residents and US green card holders.

Licence number SIBA/L/14/1069 was issued in accordance with the provisions of sections 6 (2), and (5) of the act and section 40B of the Financial Services Commission Act 2001.

Regulatory Information

Disclaimer: Whilst Hudson James’ actively managed ETF strategies are invested in securities which are regulated by the SEC, FCA, FSA, FINRA, AFSA, ASIC, MFSA and many other regulatory bodies around the world, Hudson James Investment Management is based in the BVI and is thus regulated as such by the British Virgin Islands Financial Services Commission.

Hudson James Investment Management is considered a ‘foreign private adviser’ under section IIIB, page 12 of the ‘Regulation of Investment Advisers by the U.S. Securities and Exchange Commission’ written in 1940.


The exemption for foreign private advisers was added by the Dodd-Frank Act and replaces the private adviser exemption (i.e., an exemption for any adviser with fewer than 15 clients) previously provided by the same section of the Act, which was repealed. The SEC incorporated many of the rules from “old” section 203(b)(3).


a. Counting Clients

(i) Multiple Persons as a Single Client. Rule 202(a)(30)-1 provides

that the following can be considered a single client:65

(A) a natural person and (i) any minor child of the natural person;

(ii) any relative, spouse, spousal equivalent, or relative of the spouse or of the spousal equivalent of the natural person with the same principal residence; and (iii) all accounts or trusts of which the persons described above are the only primary beneficiaries; or

(B) a corporation, general or limited partnership, limited liability company, trusts or other legal organization that receives investment advice based on its investment objectives (rather than the individual investment objectives of its owners), and two or more of these entities that have identical owners.

Furthermore, Hudson James Investment Management does not advertise itself to residents of the USA or solicit clients residing in the USA.

For American expatriate clients and US residents living abroad, we require US expats to have either renounced US citizenship or to live permanently abroad with no significant ties to the USA. Furthermore, we will require residency information proving they do not live in the USA and visit there for less than 31 days per year.

You can find out more to see if you still qualify as a US resident here - http://www.irs.gov/taxtopics/tc851.html