Guernsey has a number of fund regulatory regimes in place, setting out the requirements to obtain the necessary permissions from the Guernsey Financial Services Commission.
The best regulatory regime for a particular...more
Guernsey's latest fund regulatory regime is the private investment fund (PIF) regime -
The PIF Rules provide appropriate funds with a fast-tracked, proportionate and "light touch" regulatory regime...more
Guernsey's flexible corporate regime allows all types of Guernsey companies to amalgamate (including non-cellular companies, protected cell companies and incorporated cell companies) -
Amalgamations can also be carried out...more
Guernsey has long been one of the world's premier jurisdictions for investment funds -
There are a number of advantages for using Guernsey as a jurisdiction, including the wide variety of company and limited partnership...more
1/7/2025
/ Accounting ,
AIFM ,
Articles of Incorporation ,
Asset Class ,
Close-Ended Funds ,
Corporate Entities ,
Due Diligence ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Fund Managers ,
Infrastructure ,
International Jurisdiction ,
Investment Funds ,
Island of Guernsey ,
Jurisdiction ,
Limited Partnerships ,
MiFID ,
Private Equity Funds ,
Private Investment Funds ,
Registered Funds ,
Regulatory Standards ,
REIT ,
The International Stock Exchange (TISE) ,
UK
There is a growing trend for large UK-based companies to consider exploring listings on US stock exchanges such as the New York Stock Exchange (NYSE) and NASDAQ, potentially at the expense of the London Stock Exchange plc...more
12/5/2024
/ Business Listings ,
Channel Islands ,
Corporate Governance ,
Disclosure Requirements ,
Financial Services Industry ,
Infrastructure ,
Initial Public Offering (IPO) ,
Investment ,
Investors ,
London Stock Exchange ,
Nasdaq ,
NYSE ,
REIT ,
Stock Exchange ,
Trading Platforms ,
UK
From a Guernsey legal perspective, a reference to the 'migration' of a company is a reference to the process of the transfer of the company's registration to another jurisdiction, whilst maintaining the legal personality of...more
Guernsey was the first jurisdiction to implement the protected cell company ("PCC"), doing so over 25 years ago.
The PCC was originally created for use in insurance structures, although today it is also widely used for...more
Guernsey companies that have been struck off can often be restored to the Register.
A Court application is required in almost all cases.
This guide sets out the procedure, limitations, costs and effect of a...more
Guernsey companies are extremely popular, and are used for a wide variety of purposes.
Guernsey companies can be incorporated quickly and a large number of corporate services providers offer day-to-day administration...more
10/4/2024
/ Accounting ,
Acquisitions ,
Audits ,
Capital Gains ,
Company Law ,
Corporate Taxes ,
Documentation ,
Future Tax Treatment ,
Incorporation ,
Infrastructure ,
Inheritance ,
Investment Funds ,
Island of Guernsey ,
Minority Shareholders ,
Share Capital ,
Share Transfer ,
Shareholders ,
Stamp Duty Land Tax ,
Stock Redemption ,
The International Stock Exchange (TISE) ,
UK
Over the last few months, we have started to see new trends in inquiries and instructions regarding the use of Jersey and Guernsey structures by US managers targeting either European assets, or European capital....more
What is a UK REIT?
A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to...more
Guernsey and Jersey have long been popular places used by private equity investors in acquisitions of target businesses given the advantages they offer over other jurisdictions. We're taking a closer look at some of these...more
3/5/2024
/ Distribution Rules ,
Documentation ,
Economic Substance Doctrine ,
Investment ,
Investors ,
Jurisdiction ,
Nasdaq ,
Private Equity ,
Return on Equity ,
The International Stock Exchange (TISE) ,
UK
This briefing is a part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and provides an overview of section 15 of the DPL (the Right to Access) and describes some key points which...more
This briefing is a part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and deals with the transfer of personal data outside Guernsey. A "data transfer" occurs when an individual's...more
Introduction This briefing is part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and provides an overview on personal data breaches. It describes some key points which...more
The Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL") came into force on 25 May 2018 to coincide with the enforcement of the EU's General Data Protection Regulation (EU) 2016/670 (the "GDPR"). The European...more
This briefing is part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and provides an overview on what information organisations must provide data subjects when they collect...more
This briefing is part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 ("the DPL") was drafted to reflect the EU's General Data Protection Regulation (the "GDPR"). The DPL came into effect on 25...more
In our recent article (available here) we reported that the Guernsey Financial Services Commission (the "GFSC") had been granted leave to appeal to the Court of Appeal. The GFSC obtained leave to appeal on the basis of a...more
Introduction -
The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023. From this date, businesses in Guernsey will be subject to...more
Introduction -
The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023. From this date, businesses in Guernsey will be subject to...more
8/22/2023
/ Bodily Injury ,
Burden of Proof ,
Compensation ,
Contract Terms ,
Financial Services Industry ,
Foreign Currency ,
Insurance Industry ,
Island of Guernsey ,
Negligence ,
Summary of Consumer Rights ,
Unfair Contract Terms
This briefing explains Guernsey’s adoption of rigorous international tax and regulatory standards, which, in conjunction with its local tax law, make it an ideal location for investment funds and other investment vehicles....more
8/9/2023
/ Anti-Money Laundering ,
Beneficial Owner ,
EU ,
FATCA ,
General Data Protection Regulation (GDPR) ,
IAIS ,
International Monetary Fund ,
International Tax Issues ,
Island of Guernsey ,
Jurisdiction ,
OECD ,
Regulatory Agenda ,
Taxation ,
Telecommunications ,
TIEA ,
Transparency ,
UK
The Guernsey Financial Services Commission ("GFSC") updated its Handbook on Countering Financial Crime and Terrorist Financing (the "Handbook") in early July 2023 and the updates included a new requirement for a "specified...more
This briefing is the fourth in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL"), and provides an overview of the licensing regime applicable to Virtual Asset...more
This briefing is the third in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL"), and provides an overview of the licensing regime applicable to "financial firm...more