Guernsey: What Guernsey funds can offer the Indian market

Last Updated: 28 June 2010
Article by Jason Romer

Most Read Contributor in Guernsey, September 2018

This article was originally published in A Guide to International Finance Centres: What Indian Investors Need to Know, from Longtail International, June 2010

Jason Romer, Partner at Collas Day in Guernsey, examines Guernsey's burgeoning funds sector and what it can offer the Indian market.

At the end of March 2010 the overall value of funds under management and administration in Guernsey stood at more than £197 billion and despite challenging recent economic conditions. Guernsey has seen steady increases from fund launches generally, and specifically those focused on the Indian market.

Guernsey has specific expertise in private equity and listed closed-ended structures and is ideally placed to access European markets and investor bases in a tax efficient manner. Typically, the Guernsey fund would have intermediate companies located in either Mauritius or Singapore.

Why have funds chosen to locate in Guernsey?

Guernsey has a well-established reputation for attracting high-profile fund business and this is attributable to the following factors:

1. Experience: Guernsey has a world-class company registry, an excellent international reputation, a new modern and flexible company law and a well-established business infrastructure.

2. Location: Guernsey is an offshore location but is conveniently situated less than an hour from, and within the same time zone as, London. It is English-speaking, uses the British pound Sterling (GBP) and has good transport links to markets in continental Europe.

3. Tax efficiency: Guernsey funds are generally tax exempt, or are otherwise subject to Guernsey tax at 0%. Income earned from Guernsey-based funds, where that income is not sourced within the island, is also exempt from taxation where paid to a non-Guernsey resident shareholder.

4. Reputation: On 2 April 2009 the Organisation for Economic Cooperation and Development (OECD) declared Guernsey to be a 'white list' jurisdiction i.e. one which has substantially implemented internationally agreed tax standards.

5. Flexibility: A wide range of regulatory approaches is available in Guernsey and the application process established by the Guernsey Financial Services Commission (GFSC) is well known for being quick and efficient (see below). The GFSC is pragmatic, well established and proactive in assisting with the launch of new funds and innovative structures.

6. Listing: Guernsey funds have been listed on various international stock exchanges including the Channel Island Stock Exchange (see below), the London Stock Exchange, the Irish Stock Exchange, the London Alternative Investment Market (AIM) and the NYSE Euronext Amsterdam, among others.

Structure of Guernsey funds

Guernsey funds may be either authorised or registered, and either open- or closed-ended. Open-ended schemes offer units for sale without limitation or allow investors to redeem on demand subject to any applicable notice period. Closed-ended schemes normally have a fixed capital and investors have no absolute entitlement to redemption.

Authorised open-ended schemes may be established as Class A, B or Q funds:

Class A funds can be offered for sale to the public in the United Kingdom provided they meet the requirements of the GFSC's Collective Investment Schemes Rules 2002 (or the 2008 rules once designated by HM Treasury) and are therefore recognised by the UK Financial Services Authority.

Class B funds are more flexible and the rules governing them reflect the fact that they are very wide-ranging (Class B funds are often targeted at innovative products). The rules governing them do not, therefore, include specific investment, borrowing and hedging restrictions.

Class Q funds are aimed at institutional investors and the rules governing them therefore place emphasis on disclosure of risks inherent in the investment vehicle, simplified document requirements and timely processing of applications. There is no prescribed minimum subscription requirement for class Q funds.

The rules by which authorised closed-ended funds are governed are very flexible and reflect the fact that Guernsey closed-ended funds cover a diverse range of investment opportunities using a wide variety of structures.

Registered open-ended and closed-ended funds are subject to a lower level of regulation than their authorised counterparts. Reflecting this, registered funds applications are fast-tracked by the GFSC.

Investment structures in Guernsey

Guernsey offers choice and flexibility and there are five main types of entity which may be used to constitute a Guernsey fund:

1. Limited company: in this case the liability of shareholders is limited to the amount (if any) unpaid on their shares.

2. Limited partnership: the liability of the partners is limited to their contribution, with the exception of the general partner who is the manager of the partnership and has unlimited liability.

3. Incorporated cell company: this is a limited liability company with cells which are separately incorporated entities and have their own legal personality.

4. Protected cell company: the liability of the shareholders of the company is limited to the amount (if any) unpaid on their shares and the company may segregate pools of its assets in separate 'cells'. This enables the company to limit the recourse of any creditors of an individual cell to the assets of that cell only, and not those of the company itself or other cells.

5. Unit trust: the trust requires a separate trustee and the liability of unit holders is limited to the amount payable in respect of the unit.

What is so good about Guernsey? A summary

  • Good choice of regulation and investment vehicles
  • Excellent reputation
  • Access to European markets
  • Pragmatic, proactive regulator
  • Opportunity to list on a reputable international stock exchange
  • Quality of advisers and service providers

Collas Day is well placed to advise on all aspects of setting up and listing a fund in Guernsey.

For more information about Guernsey's finance industry please visit www.guernseyfinance.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions