The unit trust is the preferred structure for hedge fund managers who wish to offer the fund to foundations, pension plans, registered retirement savings plans and other non-taxable investors. Trust units can be qualified for investment by registered plans if they are redeemable on demand at their net asset value and the fund is a ‘mutual fund trust’ or the fund applies under the Income Tax Act (Canada) to become a registered investment. The drawback of registering a fund as a registered investment is that the fund manager is then limited as to the types of instruments the fund may invest in,
and many popular hedging techniques would not be permitted. A unit trust that can qualify as a mutual fund trust
(the trust must have more than 150 unitholders, each holding a block of units having a net asset value of at least $500) has the added advantage of being able to make an election that effectively treats certain income from Canadian source
investments as capital gains, a benefit for taxable investors.